Winter in Montana means many slippery surfaces. Property owners have a legal duty to keep their property safe for visitors. When you slip and fall on someone else’s property, you have the right to file a premises liability action to recover compensation for your damages.
Falling on a slippery surface can cause serious injuries, including back pain, neck pain or traumatic brain injury. You could be left with high medical bills and long-term medical issues.
You must prove that the property owner’s negligence caused or contributed to your injury to succeed in a premises liability case. A common example is a store owner who let snow and ice pile up outside their property which caused a customer to slip and fall.
Building your slip and fall case
Strong evidence is crucial to proving negligence in a slip and fall case. Evidence can include photographs, witness statements or incident reports regarding dangerous conditions. If the police responded to your accident, a police report is another piece of potentially valuable evidence.
You must also prove your damages to receive the amount of compensation you request. For example, if you ask for $100,000 to cover your medical bills, you must produce evidence showing that your medical costs were $100,000. Medical statements, bills or treatment records can help prove your numbers.
Comparative negligence
Montana uses a comparative negligence standard when awarding compensation. This means your damages could be reduced if your own actions contributed to the accident, such as if you were looking at your phone when you slipped and fell on ice.
If a court determines you were 10% responsible for the accident and the other party was 90% responsible, your damages will be reduced by 10%. However, you cannot receive any damages at all if you are found to be more than 50% responsible for the accident.
Be aware there is a statute of limitations for slip and fall cases. Montana law requires a slip and fall claim to be filed within three years of the date of the injury.