A slip and fall claim Montana property owners sometimes dismiss as “just an accident” can actually involve real legal responsibility on the property owner’s part. Property owners and businesses have a duty to keep their premises reasonably safe for people who are lawfully there. When they don’t, and someone gets hurt as a result, that failure can be the basis for a personal injury claim.
What Property Owners Owe Visitors
Property owners are generally expected to maintain reasonably safe conditions for people on their property, which includes addressing hazards they know about, or should have known about, within a reasonable amount of time. This can include:
- Wet or slippery floors without warning signs.
- Uneven walkways, broken steps, or unrepaired flooring.
- Poor lighting in stairwells, parking lots, or walkways.
- Snow and ice that hasn’t been reasonably addressed.
- Cluttered or obstructed walkways.
Not every fall is the property owner’s fault. The question in a slip and fall case usually comes down to whether the property owner knew, or reasonably should have known, about the hazard, and whether they failed to fix it or warn visitors within a reasonable time.
Slip and Fall Claims Aren't Limited to Businesses
While stores and businesses are common settings for these claims, slip and fall cases can also arise on residential rental properties, in apartment complexes, or on private property where a landlord or property manager has a responsibility to maintain reasonably safe conditions for tenants and visitors. The same general principles apply regardless of whether the property is commercial or residential.
Building a Slip and Fall Case
Slip and fall claims often come down to evidence, and that evidence can disappear quickly if a hazard is cleaned up or repaired shortly after an incident. Useful evidence includes:
- Photos of the hazard taken as soon as possible after the fall.
- Incident reports filed with the property or business, if available.
- Witness statements from anyone who saw the fall or the hazardous condition.
- Medical records documenting your injuries and treatment.
- Maintenance or inspection records, if they can be obtained, showing whether the property owner was addressing known hazards.
Common Locations Where Slip and Fall Claims Arise
Slip and fall accidents can happen almost anywhere, but certain locations tend to generate more claims than others: grocery and retail stores, restaurants, apartment complexes and rental properties, parking lots and garages, and sidewalks in front of businesses. Each of these settings comes with its own expectations about maintenance and hazard response, and what counts as a reasonable amount of time to address a hazard can vary depending on the type of property and the nature of the danger involved.
Montana's Comparative Fault Rule Applies
Slip and fall claims are subject to Montana’s modified comparative fault rule like other personal injury cases. You can still recover compensation if you were less than 51% at fault for the fall, with your award reduced by your percentage of fault. Property owners and their insurers frequently argue that the injured person wasn’t paying attention or was otherwise responsible for their own fall, which makes strong evidence especially important in these cases.
Why Reporting the Incident Matters
Reporting your fall to the property owner, manager, or business as soon as it happens creates an official record that the incident occurred, which can be difficult to establish later if you wait. Many businesses are required to complete an incident report when someone is injured on their property, and that report can become an important piece of evidence, even if it doesn’t include an admission of fault.
What Compensation May Be Available
As with other personal injury cases, compensation in a slip and fall claim can include medical expenses, both current and future, lost wages and future income, pain and suffering, property damage where applicable, and punitive damages in cases involving especially reckless conduct.
You Have 3 Years to File
Montana generally gives you 3 years from the date of the accident to file a personal injury claim, including slip and fall cases. Because hazardous conditions often get fixed quickly after an incident, gathering evidence as soon as possible after your fall is one of the most important steps you can take.
Why Property Owners Often Dispute These Claims
Slip and fall claims are frequently disputed more aggressively than other types of accident claims, partly because property owners and their insurers know that proving what a property owner “knew or should have known” can be harder to establish than in a straightforward car accident. This makes the strength of your evidence, especially photos taken close to the time of the incident and any available maintenance records, particularly important in these cases.
What to Do After a Slip and Fall
- Report the fall to the property owner, manager, or business as soon as possible.
- Take photos of the hazard and the area before it can be cleaned up or repaired.
- Get contact information from any witnesses.
- Seek medical attention, even if your injuries seem minor at first.
- Avoid giving a detailed statement to a property owner’s insurance company before speaking with an attorney.
Big Sky Defender handles slip and fall claims on a contingency fee basis, meaning there’s no fee unless we win. Learn more on our personal injury page.
If you’ve been injured in a slip and fall accident anywhere in Western Montana, Big Sky Defender offers a free consultation to review your case. Call our Missoula office at (406) 552-4653 or our Butte office at (406) 299-2905, or reach out through our contact page.
Frequently Asked Questions
A property owner can be liable if they knew, or reasonably should have known, about a hazardous condition and failed to fix it or warn visitors within a reasonable amount of time.
Photos of the hazard, incident reports, witness statements, and medical records documenting your injuries are all important, especially since hazardous conditions are often cleaned up or repaired quickly after an incident.
Yes, as long as you were less than 51% at fault under Montana’s modified comparative fault rule. Your compensation would be reduced by your percentage of fault.
Montana generally gives you 3 years from the date of the accident to file a personal injury claim, but it’s best to act quickly so evidence of the hazardous condition can be preserved.
