If you have recently suffered an injury on someone else’s property, you might be feeling overwhelmed and unsure of what to do next. In Montana, property owners must keep their spaces safe for visitors. If they fail to do this and you get hurt, they might be responsible for your more serious injuries. Should you hire a Kalispell premises liability attorney before you get sued for damages?
Don’t try to handle this situation on your own. The team of Kalispell premises liability attorney at Travis, Moore & Brann PLLP is here to help you understand your rights and guide you through making a claim for the compensation and legal services you need. Contact us online or call us today at (406) 752-7550 for a free case review.
What Is Premises Liability?
Premises liability is a legal concept that allows a person harmed by unsafe conditions on someone else’s property to pursue compensation for their injuries, suffered, damages, and losses. This area of law dictates that property owners in Montana must keep their property safe for visitors and free from hazardous conditions. However, the specifics of this responsibility can vary from one case to another. This is why it’s crucial that you consult a local Kalispell premises liability attorney if you were injured on another’s property.
Defining Negligence in Premises Liability
In the area of premises liability, negligence occurs when the property owner or manager fails to keep the property free of unsafe conditions or to warn visitors of dangerous conditions or a hazard on the property. For example, establishing negligence in a Montana premises liability case means you must prove several key elements:
- Duty of Care: The property owner had a duty to maintain a safe environment for visitors. The level of duty varies based on the type of visitor, as discussed below.
- Breach of Duty: The property owner did not meet this duty of care. This could be through a lack of action (such as not repairing a broken step) or not adequately warning of potential dangers (like not putting up a sign about a slippery floor).
- Causation: This breach of duty directly caused an injury. The accident must be a foreseeable result of the property owner’s negligence.
- Damages: The visitor suffered actual harm and loss due to the accident, such as medical expenses, lost wages, or pain and suffering.
In premises liability cases, proving negligence is crucial for a successful claim. For instance, if someone slips on the ice in a parking lot, the victim must prove that the property owner was responsible for removing the ice and that their failure to do so directly resulted in the injury.
Types of Visitors
Montana law categorizes visitors into three types: invitees, licensees, and trespassers, each owed different levels of protection by the property owner:
- Invitees: These guests are invited onto the property for commercial benefit to the property owner, like customers in a store. Montana law requires property owners to provide the highest duty of care to invitees, making sure the property is safe and warning of any known dangers.
- Licensees: These individuals are allowed on the property for social reasons, such as friends or family members. Mail carriers and delivery workers are licensees. Owners must warn licensees of unsafe conditions known to the owner but not apparent to the visitor.
- Trespassers: Under Montana law, property owners owe the lowest duty of care to trespassers. Owners are generally not required to keep their property safe from trespassers, but they cannot willfully injure them. An exception exists for children who trespass, where the “attractive nuisance” doctrine applies.
Attractive Nuisances
The “attractive nuisance” doctrine is a vital part of premises liability law in Montana. This doctrine requires property owners to take special steps to protect children from hazards that are likely to attract them onto the property without understanding the risk.
For example, if a homeowner has a swimming pool without a proper fence, and a child trespasses and gets injured, the homeowner could be liable.
In addition, Montana takes attractive nuisances very seriously, with specific requirements for homeowners to secure potentially dangerous conditions. They could also face liability for any injuries to children, whether they or injured victims were invited onto the property or not.
Reasons for Montana’s Premises Liability Laws
Montana’s approach to premises liability seeks to balance the responsibilities of property owners with the protection and utmost care of guests, especially the most vulnerable, like children. The distinctions in the level of care owed to different types of visitors reflect a practical acknowledgment that not all visitors have identical reasons for being on a property. Thus, the risks they face can vary significantly.
Common Types of Premises Liability Cases
At Travis, Moore & Brann PLLP, these are the more common types of premises liability cases we see are:
- Slip and Fall Accidents: These are the most common and can happen due to wet floors, icy walkways, or uneven surfaces.
- Inadequate Maintenance: This includes situations such as broken stairs or faulty electrical wiring that the owner needs to pay attention to.
- Defective Condition: This could involve poorly designed staircases or malfunctioning escalators.
- Insufficient Security: If a lack of security leads to an assault or theft, the property owner might be liable.
- Animal Attacks: Owners are responsible for preventing their animals from harming visitors, such as dog bites.
Steps to Take After an Accident
If you’re hurt on someone else’s property, taking a few simple steps can help you safeguard your health and any future claim you might make. For instance, some of the steps you should take are:
- Seek Medical Attention: Your health is the top priority. Seeing a doctor right away also provides a record of your injuries.
- Report the Accident: Tell the property owner or manager about your accident as soon as you can.
- Document Everything: Take pictures of where the accident happened and your injuries. Keep a diary of your symptoms and any conversations about the accident.
- Gather Witnesses: If anyone saw what happened, get their names and contact information.
- Keep Records: Save all receipts and documents that relate to your injury, including medical bills and proof of lost wages.
How Can a Lawyer Help?
A Kalispell premises liability lawyer can provide critical support for injured clients. For example, a premises liability lawyer can help in the following ways:
- Investigating the Accident: We’ll dig into how the accident occurred and determine whether you have a premises liability claim.
- Gathering Evidence: We can acquire medical records, accident reports, witness statements, and other information that can be used as evidence to strengthen your case.
- Dealing with Insurance Companies: We’ll handle all communications with the insurance company, so you don’t have to.
- Maximizing Your Compensation: We’ll negotiate with the insurance company to pursue the money you deserve for your injuries. If no fair settlement is offered, we’ll you’re your case to court to pursue fair compensation.
What Compensation Can You Claim?
If you have a premises liability claim in Montana, a Kalispell premises liability attorney can be able to help you obtain money for:
- Medical Expenses: Current and future medical treatments related to your injury.
- Lost Wages: Money you’ve lost if you couldn’t work because of your injury.
- Pain and Suffering: Money for the physical pain and emotional distress your accident caused.
- Loss of Enjoyment: If your injuries prevent you from enjoying the activities that give you pleasure.
Frequently Asked Questions About Premises Liability Claims in Montana
Here are the answers to some questions we’re often asked about premises liability claims in Montana.
What is the time limit for filing a premises liability claim in Montana?
In Montana, you generally have three years from the accident date to file a premises liability lawsuit. This is known as the statute of limitations. If you miss this deadline, you may be unable to recover any compensation for your injuries.
Who can be held liable in a premises liability case?
Property owners can be held liable if their negligence leads to an injury on their property. This includes owners of residential, commercial, and public properties. In some cases, property managers or tenants who are responsible for the condition of the property may also be held liable.
What should I do if I am injured on someone else’s property?
First, seek medical attention for your injuries. Then, you should report the incident to the property’s manager or owner and document everything. This includes taking photos of the scene and your injuries and collecting contact information from any witnesses. Finally, contact a premises liability lawyer to discuss your case.
Can I still receive compensation if I was partly at fault for the accident?
Yes, Montana follows a modified comparative negligence rule. You can recover damages if you are less than 51% at fault for the accident. However, this amount will shrink by your percentage of fault. For example, if you are found to be 30% at fault and the total damages are $10,000, you would receive $7,000.
Does homeowners insurance cover premises liability claims?
Yes, homeowners’ insurance policies typically include coverage for premises liability. This means that if a visitor is injured on your property, your insurance may cover some or all of the damages. However, this depends on the specifics of the policy and the circumstances of the accident.
Contact Us Today
After you’ve been injured on someone else’s property, don’t wait to get the help you need. Contact new workers comp laws online or by calling (406) 752-7550 today to speak with a compassionate and experienced Kalispell premises liability attorney. You’ll get a free case evaluation where we can explore the unique circumstances of your situation. We’ll listen to your story, answer your questions, and explain your options and rights. Let our law firm help you get started on the path to recovery with your first free consultation. Our team of Montana premises liability lawyers can help you get the compensation you deserve.
