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Every day in Montana, people are injured because property owners fail to keep their premises safe. It may be a slip and fall on an icy sidewalk, a dog bite at a neighbor’s home, a broken stairway in an apartment building, or an assault in a poorly lit parking lot. These situations can leave victims facing painful injuries, medical bills, and time away from work.
When you are hurt on someone else’s property, you have the right to seek compensation through a premises liability claim. But to settle your claim fairly, you must prove that the property owner’s negligence caused your injuries.
A trusted Montana premises liability lawyer from Wall, McLean & Gallagher can make all the difference in proving your injury was caused by the owner’s negligence and securing you the compensation you deserve for your recovery.
Premises liability is a legal concept under personal injury law that holds property owners responsible for injuries that occur on their property due to unsafe or hazardous conditions. In Montana, this includes both public and private spaces, from grocery stores and apartment complexes to office buildings and parking lots.
If a property owner fails to fix a dangerous condition, warn visitors about it, or take reasonable steps to prevent harm, they can be held legally liable for resulting injuries. However, proving negligence requires demonstrating that the owner had a legal duty to maintain the property safely and breached that duty in a way that caused your injury.
Under Montana law, property owners and occupiers owe a duty of care to individuals who enter their premises. The level of responsibility depends on the visitor’s legal status.
An invitee is someone who is invited onto a property for a business purpose, such as a customer in a store or a tenant in an apartment complex. Property owners owe invitees the highest duty of care. They must regularly inspect their property, repair hazards promptly, and warn visitors of potential dangers.
A licensee is a social guest or someone allowed on the property for non-business reasons. Owners must warn licensees about any known dangers that may not be obvious.
A trespasser enters a property without permission. Generally, owners are not liable for injuries to trespassers, but there are exceptions, especially when children are involved. For example, a property owner may be liable if a child is injured by an unfenced swimming pool or another known hazard that could attract them.
Premises liability law covers a wide range of accident types. Each case requires careful investigation to determine whether the property owner acted negligently and whether their actions directly caused the injury.
Slip and fall cases are among the most common types of premises liability claims in Montana. These accidents often occur due to wet floors, icy sidewalks, uneven pavement, or cluttered walkways. Even a simple fall can result in serious injuries such as broken bones, concussions, or spinal damage.
To succeed in a slip and fall claim, you must show that the property owner either knew or should have known about the dangerous condition and failed to correct it in a reasonable time.
Dog owners in Montana are required to take reasonable steps to prevent their animals from harming others. If a dog bites someone on private property, the owner may be liable for the victim’s injuries, especially if the dog had a history of aggressive behavior or was not properly restrained.
Victims of dog bites may face physical injuries, infection, scarring, and emotional trauma. A dog bite lawyer in Montana can help collect the evidence necessary to hold negligent pet owners accountable.
Broken stairs, loose railings, and malfunctioning elevators can cause devastating injuries. Property owners are responsible for maintaining structural safety and addressing any defects that pose risks to tenants, customers, or visitors. If an owner ignores maintenance issues or fails to post warnings, they may be liable for resulting injuries.
In some cases, injuries occur because a property owner failed to provide adequate security. Poor lighting, lack of surveillance, or failure to hire security staff can create conditions that make assaults more likely.
Victims of such incidents can pursue a negligent security claim by proving that the property owner knew about prior crimes in the area or should have anticipated the risk and did not take appropriate precautions.
The success of a premises liability case in Montana depends on proving that the property owner was negligent. This requires showing four key elements: duty, breach, causation, and damages.
First, you must establish that the property owner owed you a duty of care. Next, you must show that the owner breached that duty by failing to maintain safe conditions or warn about known dangers. Then you must link that breach directly to your injury and demonstrate measurable damages such as medical expenses or lost wages.
Strong evidence can make or break a premises liability claim. Useful evidence may include:
Collecting this evidence quickly is important because conditions can change or be repaired, making it harder to prove what caused your injury.
Then, it’s time to get that evidence into the hands of a skilled Montana premises liability attorney.
In many cases, the question is not whether the property was dangerous but whether the owner knew or reasonably should have known about the hazard. For example, if a spill was left unattended in a store for hours or a stair railing had been loose for weeks, that may demonstrate negligence.
Establishing this knowledge can come from maintenance schedules, employee testimony, or witness accounts showing that the danger existed long enough for the owner to address it.
Technology and testimony are powerful tools in proving a property owner’s negligence. Surveillance video can show how long a hazard was present or whether an employee ignored it. Photos taken immediately after the accident can capture details that later disappear. Witness statements provide independent confirmation of how the incident occurred and whether safety warnings were missing.
If you are injured on someone else’s property, you may be entitled to recover compensation for both financial and personal losses. The amount of compensation depends on the severity of your injuries and the long-term impact on your life.
Common forms of compensation in Montana premises liability cases include:
Some injuries have long-lasting effects that require ongoing medical care. If you suffer a permanent disability or chronic pain as a result of your accident, your attorney can work with medical experts to estimate future treatment costs and ensure they are included in your claim.
Accurately calculating these damages helps prevent you from settling for less than what you need to fully recover.
Proving negligence in a premises liability case is rarely simple. Property owners and their insurance companies often fight hard to avoid responsibility. Working with a skilled premises liability attorney in Helena can give you the support and legal insight needed to pursue fair compensation.
A local Montana attorney understands the state’s laws, knows how to gather the right evidence, and can communicate effectively with insurance adjusters and opposing counsel. Most importantly, your lawyer will protect your rights and handle every aspect of your case so you can focus on recovery.
Recovering from an injury is never easy, especially when it happens because of someone else’s carelessness. At Wall, McLean & Gallagher, our team is dedicated to helping injury victims throughout Montana. We believe that property owners who neglect safety should be held accountable for the harm they cause.
If you were injured due to unsafe property conditions, a dog attack, or negligent security, contact our Helena personal injury law firm today. We will listen to your story, explain your legal options, and guide you through every step of your claim.
The attorneys at Wall, McLean & Gallagher have decades of experience representing clients in premises liability, slip and fall, and negligent security cases throughout Montana. We are here to protect your rights and fight for the compensation you need to move forward.
Contact us at (406) 442-1054 to speak directly with an experienced attorney for your fast, free, and confidential consultation.
