When you visit a public space in the Magic City, you might assume there will be a reasonable level of safety. Simply walking through a mall parking lot at night or cautiously using the steps of a Downtown Billings business in winter should never be a potentially life-threatening danger. Yet, when property owners fail to take reasonable measures to keep lawful guests safe, a simple outing can become a life-altering disaster.
Premises liability is the area of law that holds property owners accountable for injuries caused by dangerous conditions on their premises. At Yellowstone Law, our Billings premises liability lawyers can help you understand your rights if you’ve been injured on someone else’s property through no fault of your own, whether you suffered a slip and fall in a restaurant, a dog bite at a neighbor’s house, or even an assault in a poorly lit parking lot.
Taking legal action after an injury on someone else’s property may feel intimidating, but we are here to try to make your life after a serious accident easier.
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Table of Contents
- Key Insights About Billings Premises Liability Claims
- Yellowstone Law: Our Commitment to the Billings Community
- Common Types of Premises Liability Accidents in Billings
- What is a Property Owner’s Duty of Care in Montana?
- Proving Negligence in a Billings, MT Premises Liability Case
- The Impact of Montana’s Comparative Negligence Law
- What Compensation May Be Available in a Billings Premises Liability Case?
- Taking Action to Protect Your Potential Claim
- FAQs for Billings Premises Liability Claims
- Back Your Personal Injury Claim with a Team of Experienced Billings Premises Liability Lawyers
Key Insights About Billings Premises Liability Claims
- Property owners in Montana have a legal duty to maintain their premises safely for visitors. If they breach this duty, they may be liable for injuries caused by unsafe conditions.
- The type of financial recovery you may pursue includes payment for medical bills, lost wages, and pain and suffering.
- Gathering specific documentation and seeking medical attention immediately helps strengthen your claim against an owner’s insurance company.
- Our attorneys offer more than 81 years of combined legal experience to fight for fair compensation in your Billings premises liability case.
Yellowstone Law: Our Commitment to the Billings Community
Choosing the right legal representation is one of the most important decisions you may make after a premises liability injury. You need a legal team with intimate knowledge of the Montana legal system and the resources needed to stand up to large insurance defense firms. At Yellowstone Law, we are more than just a law firm; we commit to promoting the well-being of our clients and neighbors alike.
We Offer Extensive Legal Experience
Our attorneys offer more than 81 years of combined legal experience representing injured people in Montana. We have handled over 2,000 motor vehicle accidents and personal injury cases. This history means we understand the strategies insurance companies use and how to effectively counteract them.
We Fight for Maximum Financial Outcomes
Our firm has recovered more than $150 million in verdicts and settlements for our clients. This track record shows our dedication to securing a favorable resolution that allows our clients to pick up the pieces and move on with life.
We Prioritize Community Focus and Care
As a community-focused personal injury law firm, we support numerous local organizations, including local high schools, Big Brothers Big Sisters, and veterans’ causes. We commit to our neighbors’ well-being, providing caring legal representation during difficult times.
No Win, No Fee Guarantee
We believe that top-performing legal representation should be accessible to everyone, regardless of their financial situation. That is why Yellowstone Law’s team of personal injury attorneys works on a contingency fee basis. You only pay for our services out of any financial recovery we obtain for you, never out of your pocket. If we don’t win, you don’t pay anything.
Common Types of Premises Liability Accidents in Billings
An injury can happen wherever you visit, shop, or live in the Billings area. When an injury results from a property owner’s failure to fix a hazardous condition or warn guests about it, you may have a premises liability claim. You might face a lengthy and complicated recovery if you sustain a severe injury.
Partner with a legal team that understands how these types of incidents occur throughout Yellowstone County and what is required to make a successful recovery under Montana law.
Slip and fall accidents
These incidents frequently happen in high-traffic commercial areas in Billings. A failure to promptly clean up spills, fix broken flooring, or mark an uneven sidewalk might lead to a sudden and serious fall. Retail property owners must perform regular inspections and address known dangers quickly.
Unsafe conditions at apartment complexes
Landlords and property management companies must ensure the safety of common areas, stairwells, and parking lots. Dangerous conditions often include poor lighting, icy sidewalks, or damaged handrails. A lack of necessary security may also create a hazard.
Injuries from insufficient security
A property owner may owe a duty to protect you from foreseeable criminal acts on their property. If a lack of adequate lighting or working security systems results in injury from assault in a parking garage, gas station, or special event, you might hold the owner, security company, or event planner accountable for negligent security.
What is a Property Owner’s Duty of Care in Montana?
Montana law establishes that property owners owe a duty of care to those who enter their premises. This means they must take reasonable steps to ensure the property is safe. The duty of care is based on common law and specific state statutes that protect injured persons.
Determining if an owner breached their duty requires an in-depth investigation into the circumstances of your injury. This analysis involves showing what the owner knew or should have known about the danger. The premises liability attorneys at Yellowstone Law can gather evidence and establish the property owner’s responsibility.
A property owner’s duty of care often includes specific responsibilities to keep a property safe. These duties apply to everything from local Billings businesses to private residences.
The owner must usually:
- Inspect the property regularly for dangerous conditions that could cause harm.
- Repair known hazards in a timely manner, such as broken stairs or damaged flooring.
- Place warning signs around any hazard that cannot be immediately fixed, like a spill or wet floor.
- Keep entrances and walkways clear of snow and ice during winter weather.
If the property owner fails to meet any of these duties, and that failure causes your injury, you may have a valid claim. It is critical to consult with a legal professional who knows Montana’s laws on premises liability to discuss your situation.
Proving Negligence in a Billings, MT Premises Liability Case
Premises liability cases rely on establishing the property owner’s negligence. Negligence is a legal concept describing a failure to exercise the care that a reasonably prudent person would exercise in a similar situation. When a property owner is negligent and that negligence causes injury, they may be legally responsible for the damages.
To build a strong case, you must show four key elements: duty, breach, causation, and damages. You do not have to prove these yourself; that is the role of your legal team.
The owner owed you a duty of care
This refers to the property owner’s legal obligation to act reasonably to keep the premises safe for visitors. The nature of the relationship, such as an invitee (a customer) versus a trespasser, generally determines the scope of this duty.
The owner breached that duty
The owner failed to live up to the standard of care, such as by ignoring a known hazard or failing to inspect the property for dangers. You must show that the owner knew or should have known about the unsafe condition.
The breach directly caused your injury
You must show that the owner’s negligent act—not a separate intervening event—resulted in your injury. For example, the business owner’s failure to clean up a spill must be what caused your fall and broken arm.
You suffered verifiable damages
You must have sustained actual losses, known as damages, which may include medical bills, lost income, and pain and suffering. Your claim seeks to hold the negligent owner financially accountable for these losses.
The Impact of Montana’s Comparative Negligence Law
It is common for property owners or their insurance companies to shift blame to the injured person. They might suggest you acted carelessly or should have seen the hazard yourself. Montana law handles shared fault with a modified comparative negligence rule, which plays a key role in many personal injury lawsuits.
Montana Code Annotated § 27-1-702 allows you to pursue compensation even if you hold some responsibility for the incident, but only up to a point. Your percentage of fault reduces your compensation proportionally. If a jury determines you bear more than 50% of the fault, you generally recover nothing. Because of this rule, retaining knowledgeable legal counsel promptly may help protect your claim and its value.
What Compensation May Be Available in a Billings Premises Liability Case?
When you pursue a premises liability claim, you seek financial recovery for all the ways the injury has impacted your life. This financial recovery, known as damages, is not a punishment for the owner but a way to help make you financially whole again after suffering a loss caused by their negligence. The goal is to provide the resources you need to move forward with your life.
A successful claim may help document losses like:
- Medical treatment costs: This includes past, present, and future expenses for hospitalization, surgeries, physical therapy, and prescription medications.
- Lost wages and income: Compensation for the time you missed work while recovering and any diminished earning capacity if your injury causes a long-term disability.
- Pain and suffering: This category of damages addresses the physical pain, discomfort, mental anguish, and emotional distress the injury caused.
- Loss of enjoyment of life: This acknowledges the impact the injury has on your ability to participate in hobbies, activities, and daily life you enjoyed before the incident.
Pursuing compensation requires a detailed and organized presentation of evidence to support the full extent of your losses. Your legal team may use their knowledge and resources to gather documentation, negotiate on your behalf, and fight for fair compensation.
Taking Action to Protect Your Potential Claim
After receiving necessary medical treatment, you may wonder what steps to take next to safeguard your future. Insurance companies usually start the process of limiting their liability for an accident almost immediately, especially if the crash involved a serious injury or death. Taking timely action may help protect your right to pursue compensation.
We strongly encourage you to take the following steps after receiving initial medical attention:
- Consult with a Billings premises liability lawyer. Seeking prompt legal guidance may help preserve evidence and ensure all necessary deadlines are met.
- Keep all medical appointments and follow-up treatments. Consistency in your medical care documents the severity of your injuries and your commitment to recovery.
- Maintain a detailed journal or record of your experiences. Note your pain levels, emotional challenges, and daily limitations caused by the injury.
- Avoid making statements to the property owner’s insurance company. Insurance adjusters may attempt to quickly secure information to undermine your claim; you do not have to speak with them.
Taking these actions may strengthen your position and allow your legal team to focus on building the strongest possible case. Trying to deal with the legal process while recovering from a serious injury can be difficult, but working with Yellowstone Law’s team of Billings premises liability lawyers can lift that burden from you and position you for a better outcome.
FAQs for Billings Premises Liability Claims
Does Montana law treat injuries to children differently?
Yes. Montana law follows the attractive nuisance doctrine. This legal exception protects children who trespass on a property if they are injured by a dangerous, artificial condition, like an unsecured pool, abandoned vehicle, or appliance that is likely to attract them. The law recognizes that children do not understand the serious risks involved. In these cases, the property owner generally owes a heightened duty of care if they knew or should have known children were likely to trespass and failed to eliminate the danger.
What is the deadline for filing a premises liability claim in Montana?
Montana imposes a statute of limitations, which is a deadline for filing a civil lawsuit. For most personal injury claims, including premises liability, you generally have three years from the date of the injury to file a lawsuit in a Montana civil court (Montana Code Annotated § 27-1-702). If you do not file within this time, you may lose your right to pursue compensation entirely.
What is an “invitee” in premises liability, and why does it matter?
An invitee is someone who enters a property with permission, either for the owner’s benefit (a customer in a store) or the public’s benefit (someone visiting a public park). Montana courts generally hold that property owners owe the highest duty of care to invitees, requiring them to inspect the premises for hidden dangers and make necessary repairs or provide warnings.
How much does a Billings premises liability lawyer cost?
Yellowstone Law handles premises liability cases on a contingency fee basis. This means we do not charge any upfront fees for our services. Our firm only collects a fee if we successfully secure a financial settlement or verdict on your behalf. We cover the costs of litigation and investigation until the case resolves.
What if the property owner says I was trespassing when the injury happened?
Montana law states that landowners owe no duty of care to a person who trespasses on a property. However, a property owner cannot intentionally or willfully harm trespassers.
Will my case go to trial, or will it settle?
Most premises liability claims resolve through negotiations and settlements outside of a courtroom. However, preparing a case for trial is often the best way to encourage the insurance company to offer a fair settlement. While we prepare every case to succeed at trial, we prioritize finding the resolution that best meets your needs without unnecessary delay.
Back Your Personal Injury Claim with a Team of Experienced Billings Premises Liability Lawyers
Shane D. Colton, Billings Premises Liability Attorney
A serious injury caused by unsafe property conditions may affect your life physically, emotionally, and financially. You do not have to fight the insurance company alone. Let the legal team at Yellowstone Law put our extensive experience and considerable resources to work for you.
Take your first step toward recovery today. Call our Billings office at (406) 259-9986 or contact us online for a free, confidential consultation to discuss your premises liability claim.
Yellowstone Law – Office Location
310 Grand Avenue,
Billings, MT 59101
Call Now For A Free Consultation(406) 259-9986