Getting injured on someone else’s property can turn a normal day into weeks or months of recovery. Maybe you fell in a store, got injured on a broken stairway, were bitten by a dog, or were attacked in a place that should have been secure. Whatever happened, you’re likely dealing with pain, stress, and questions: How serious is this going to be? Who’s going to pay for my care? What if I can’t work? And is it my fault for being there in the first place?
Premises liability law exists for situations like these. It looks at whether a property owner or manager failed to fix a dangerous condition or failed to warn you when they should have. If that failure led to your injury, the law may give you a path to recover medical costs, lost income, and the real impact this has had on your daily life.
Premises liability cases can get complicated fast, especially when the property owner or insurer starts arguing about whether the hazard was there long enough to notice and fix, fault, or what should have been done differently. A premises liability lawyer can sort through the facts, gather the right evidence, and build a claim that puts you in the strongest position for a fair outcome.
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Premises liability law covers injuries caused by unsafe conditions on someone else’s property. It’s part of personal injury law, meaning it applies when a property owner or manager fails to use reasonable care and that failure leads to harm.
Most states base premises liability on negligence, focusing on whether the owner failed to keep the property reasonably safe. The case asks whether the property owner or occupier acted as a reasonably careful person would act in the same situation. Courts look at the property, the hazard, and the relationship between the visitor and the owner.
Premises liability law matters because many hazards can be found in everyday places. A cracked step, a dark stairwell or parking lot, or an icy sidewalk may look small until someone suffers a serious injury. The law exists to encourage safe property upkeep and to compensate people harmed by preventable risks.
A big part of premises liability law is duty of care. This is the property owner’s legal obligation to take reasonable steps to protect visitors from known dangers or hazards that would be revealed through ordinary inspections.
Property owners do not owe the same duty to every person. Many states, including Montana, use visitor categories to evaluate duty.
Here’s a quick breakdown of how courts often view visitor status.
These categories don’t determine who wins a case, but they do shape what level of care the owner owed you in that situation, which is a pivotal fact. For example, a store that ignores a spill in a busy aisle faces a different duty question than a homeowner who didn’t realize their porch steps had gone loose before guests arrived.
Premises liability claims follow the same structure as most negligence cases. Courts look for four elements that form the foundation of a negligence case:
These elements give the case its logic. When one piece is missing, the claim weakens. When all four line up, liability becomes much clearer.
There is virtually no limit to the unsafe conditions that trigger premises liability injury claims; however, some causes are more common than others, and vary with the season, location, and property type. In general, these are dangers a careful owner could repair, rope off, or warn people about.
Common premises liability hazards include:
Each hazard raises the same core question: Did the owner act reasonably once the risk became known or foreseeable?
Most premises liability cases turn on notice. “Notice” means the owner either knew about the hazard or had enough time and reason to discover it. A fresh grape on a grocery floor raises a different notice question than a long-rotting stair tread.
Courts often look at how long the hazard existed, whether staff or the owner inspected the area, and whether prior complaints or incidents pointed to the same risk. The more predictable the hazard, the more pressure the law places on the owner to address it.
Notice also connects to fairness. The law does not expect perfection. It expects reasonable care in light of what the owner knew or reasonably could have found.
Every state has a model for determining compensation when a visitor shares part of the fault for an accident. Montana uses a modified comparative negligence rule (Mont. Code Ann. § 27-1-702). Under this rule, recovery remains possible when your share of fault is not greater than the other party’s fault. However, the court will reduce your total recovery by the percentage of fault assigned to you.
Montana’s statute provides a good example of how states handle shared blame without shutting the door on valid claims. These models vary from state to state, with most states allowing the victim to recover damages as long as they weren’t more than 50-51% to blame.
Premises liability injuries happen in all kinds of places, from businesses to rentals to private homes. The location matters because the safety expectations change depending on what the property is and who it’s meant for.”
Here are some of the most common case categories:
Each of these situations ultimately boils down to the same core idea: was the danger foreseeable, and did the owner take the necessary precautions to prevent harm?
Premises injuries range from “painful but temporary” to life-changing. Falls alone caused about 8.9 million emergency department visits in the U.S. in 2023, more than any other form of accidental injury, according to the Centers for Disease Control and Prevention.
Common injuries include:
Even when an injury appears to have healed, it can still significantly impact daily life. Pain flare-ups, trouble sleeping, and anxiety about future falls are all common after a serious property accident.
A premises liability claim aims to cover all the losses associated with the injury, not just the hospital bill. The exact damages depend on the specific facts, but most cases consider a combination of economic and non-economic losses.
Damages may include:
In some cases, a claim may also involve a spouse’s loss of companionship or support. A lawyer will connect those losses to evidence so the full impact is clear.
Strong evidence helps show how and why a property owner failed to act with reasonable care. In most cases, the focus is on what the hazard was, how long it existed, and whether the owner had a fair opportunity to fix or warn about it.
Strong evidence may include photos or videos of the hazard, repair records, prior complaints, and medical documentation linking the injury to the incident. This information supports your claim and protects it from being dismissed or minimized by insurers.
Every state sets time limits for injury lawsuits. In the U.S., most personal injury deadlines fall in the two-to-three-year range.
Montana’s statute of limitations generally allows three years after the injury to file most injury claims, including premises liability cases, under Mont. Code Ann. § 27-2-204.
Some cases involve shorter or more complicated timelines, especially if:
A lawyer will line up the right deadline based on the details, then make sure the filing stays on track.
Can you bring a premises liability claim if you were hurt at someone’s home?
Yes. Premises liability law applies to private homes as well as businesses. Homeowners must take reasonable steps to prevent foreseeable harm to lawful visitors. The exact duty depends on your status on the property and what the owner knew about the hazard.
What if the hazard was obvious?
An obvious hazard does not automatically end a claim. Courts still look at whether the owner created an unreasonable risk and whether they took steps to reduce it. In some cases, comparative negligence may reduce damages, but it doesn’t erase responsibility by itself.
Do renters have the same rights as property owners?
Yes. A tenant injured in a rental property can often bring a claim against a landlord, property manager, or another responsible party. The key issue is who controlled the area where the hazard existed and who had the duty to fix it.
How do premises liability claims work when a business leases a space?
Liability may fall on the business, the landlord, or both. Courts look at the lease terms, who handled maintenance, and who had notice of the hazard. That’s why a lawyer often investigates contracts and maintenance logs immediately in the claim process.
How long does a premises liability case take?
There’s no one-size timeline. Some claims resolve in months through insurance negotiations. Others take longer if liability is disputed or the injury needs extended treatment before anyone can measure losses accurately. The most important thing is for a lawyer to settle your case efficiently and for the maximum amount possible so you’re never left alone paying for someone else’s mistake.
A serious slip and fall, assault, or other property injury can leave you juggling medical appointments, missed work, and pressure from insurance adjusters. Struggling with all of that can drain you of the time and resources you need to heal. There is help.
Yellowstone Law handles every detail of your case—gathering evidence, negotiating with insurers, and pursuing the maximum compensation available—so you don’t have to take on the legal burden alone.
We represent individuals who have been injured across Billings and the rest of Montana, including cases involving unsafe stores, rentals, sidewalks, staircases, and other hazardous properties.
If you would like to discuss what happened and explore your options, call (406) 259-9986 or reach out to our team of experienced Billings personal injury lawyers online.
Consultations are free and can give you a clear view of how strong your case may be, the next steps to take, and what we will do to pursue full and fair compensation.
At Colton Holm Law Firm, we look forward to learning how we can help you resolve your legal concern.Call us today: (406) 259-9986