Top Premises Liability and Slip and Fall Lawyer in Missoula, MT
Slip and fall accidents occur often and can bring physical, emotional and financial burdens. If you’ve been injured in a slip and fall in Montana, you need to know your rights and how to get the compensation you deserve.
At Holloway and Hulling, our experienced attorneys will guide you through the complexities of Montana’s premises liability laws and advocate for you. Our team is committed to personalized and high quality legal representation so each client gets the care and professionalism they deserve.
What is Premises Liability in Montana
Premises liability describes a legal claim that arises when a person is injured due to an unsafe condition on a property. In Montana, the legal responsibility to keep a property “reasonably safe” applies to both residential and commercial property owners. Property owners and occupiers must address potential hazards promptly and provide warnings about known dangers. If they fail to do so, they can be held liable for injuries on their property. Potential hazards not only include hidden or lurking dangers, but also dangers that are open and obvious, so long as the owner or occupier could anticipate those open and obvious hazards causing harm.
Types of Premises Liability Cases
Premises liability cases can arise from many situations where a property owner or occupier fails to keep the property safe and a visitor or guest gets injured. Some common types of premises liability cases include:
- Slip and Fall Accidents: When a person slips or falls on a wet, icy or uneven surface because the property owner failed to maintain the premises.
- Trip and Fall Accidents: When a person trips over an obstacle or hazard on the property, such as a loose wire, uneven flooring or debris.
- Falling Objects: These cases involve objects falling from shelves, ceilings or other structures and injuring people below.
- Inadequate Lighting: Poor lighting can cause accidents especially in areas with low visibility such as stairways, hallways or parking lots.
- Inadequate Security: Failure to provide adequate security measures such as cameras, alarms or guards can lead to injuries or harm from criminal activity.
- Swimming Pool Accidents: These cases involve injuries or drowning incidents in swimming pools due to inadequate supervision, faulty equipment or poor maintenance.
Each of these scenarios highlights the importance of property owners keeping the property safe to prevent personal injuries. If you’ve been injured due to someone else’s negligence, consulting with personal injury lawyers can help you understand your rights and get fair compensation.
Common Causes of Slip and Fall Accidents
Slip and fall accidents can occur due to many hazardous conditions including:
Property owners must address these issues promptly to prevent accidents and keep all visitors safe. These hazardous conditions can cause serious injuries and require legal help to get compensation.
Montana’s Statute of Limitations for Slip and Fall Personal Injury Claims
Time is of the essence when pursuing a slip and fall claim in Montana. The state’s statute of limitations says you have three years from the date of the accident to file a personal injury lawsuit. If you don’t file within this timeframe you can lose your right to compensation. Also keep in mind that certain circumstances may alter this timeframe. Consulting with an attorney can help ensure all procedural requirements are met on time.
Comparative Negligence in Montana
Montana follows a modified comparative negligence rule which can impact your slip and fall claim. Under this system:
- Partial Fault: If you’re found to be partially responsible for your accident your compensation will be reduced by your percentage of fault. For example if you’re deemed 20% at fault your total compensation will be reduced by 20%.
- Threshold for Recovery: If you’re found to be 51% or more at fault you are barred from recovering any compensation.
This legal framework highlights the importance of gathering all evidence to support your claim and minimize any assigned fault.
What to Do After a Slip and Fall Accident
If you’ve been involved in a slip and fall accident take the following steps to protect your health and strengthen your claim:
- Seek Medical Attention: Even if injuries seem minor it’s important to have a medical professional evaluate your condition. Some injuries may not be immediately apparent.
- Document the Scene: Take clear, detailed photographs of the area where the fall occurred. Include any visible hazards such as spills, uneven flooring, lack of signage or obstructions. This documentation is key evidence for your claim.
- Report the Incident: Notify the property owner, store manager or relevant authority about your fall as soon as possible. Request a written report and keep a copy for your records.
- Get Witness Information: If anyone saw the accident get their name and contact details. Witnesses can provide crucial third-party confirmation of the conditions that caused your fall.
- Don’t Give Recorded Statements: Insurance companies may contact you for a statement. It’s best not to speak with them before speaking with your attorney, as anything you say can be used against you.
- Consult an Attorney: Engaging an attorney early in the process helps ensure your rights are protected and evidence is preserved. Missoula personal injury attorneys are dedicated to navigating complex legal matters and can help you get higher compensation through their expertise and commitment to your success.
Documenting Injuries
Documenting injuries is key in personal injury cases as it helps establish the extent of the harm and supports the claim for compensation. Here are the steps to document:
- Seek Medical Attention Immediately: After an accident get proper treatment and have your injuries documented by a medical professional. This not only ensures your health but also provides a medical record of your injuries.
- Keep a Record of Medical Appointments: Document all medical visits, treatments and medications. This comprehensive record will be helpful in showing the extent of your injuries and the necessary medical care.
- Photograph Your Injuries: Take clear photographs of any visible injuries, such as bruises, cuts and swelling. These images can be powerful evidence in your personal injury case.
- Maintain a Journal: Keep a detailed journal of your symptoms, pain levels and any limitations or restrictions caused by the injury. This personal account can help illustrate the impact of the injury on your daily life.
- Get Witness Statements: Collect statements and contact information from anyone who witnessed the accident. Their testimonies can provide third-party confirmation of the conditions that led to your injury.
- Preserve Physical Evidence: Keep any physical evidence related to the accident, such as clothing, shoes or broken objects. These items can help establish what happened.
By documenting your injuries and related details you strengthen your personal injury claim and increase your chances of getting the compensation you deserve.
Types of Injuries in Slip and Fall Cases
Slip and fall accidents can result in many types of injuries some of which can have long term effects. Common injuries include:
- Fractures: Broken bones, especially in the wrists, hips or ankles, often require surgery or extended recovery time.
- Head Injuries: Hitting your head during a fall can cause concussions or more severe traumatic brain injuries (TBI).
- Back and Spinal Cord Injuries: A fall can damage vertebrae or spinal discs sometimes leading to chronic pain or even paralysis.
- Soft Tissue Damage: Sprains, torn ligaments and muscle strains can be painful and debilitating.
Cuts and Abrasions: While often minor these can become serious if they become infected or are located near vital areas like the eyes.
Proving Liability in a Slip and Fall Case
Proving liability in a slip and fall case requires more than just showing an accident occurred. In Montana you must show the property owner was negligent in maintaining their premises. First you must show a dangerous condition existed — something that posed an unreasonable risk, such as a wet floor, broken stair, or unlit hallway. Then you must demonstrate the property owner either knew about the condition or that it existed long enough that a reasonable person in their position should have known about it.
Once knowledge of the hazard is established the next step is to show the owner failed to take appropriate action. This could be neglecting to fix the issue or failing to warn. Finally you must prove your injury was directly caused by this hazardous condition. In other words if the property had been properly maintained or marked the injury would not have occurred.
Proving these elements typically requires a combination of photographic evidence, witness statements, maintenance records and sometimes expert evaluations. That’s why working with an experienced attorney is crucial — they can gather and present the evidence needed to build your case.
Types of Compensation You Can Pursue, Including Medical Bills
If you’ve been injured in a slip and fall accident due to someone else’s negligence you may be entitled to:
- Medical Expenses: Coverage for emergency treatment, hospital stays, surgery, rehabilitation and future medical care.
- Lost Wages: Compensation for time missed from work and any future reduction in earning capacity.
- Pain and Suffering: Monetary compensation for the physical pain and emotional distress caused by your injuries.
- Loss of Enjoyment: Damages for the inability to engage in hobbies, activities or life pursuits you enjoyed before the injury.
- Punitive Damages: In rare cases where gross negligence is involved the court may award punitive damages to deter similar conduct.
Additionally, wrongful death claims can be pursued if you lost a loved one due to someone else’s negligence.
Filing a Personal Injury Claim in Missoula
Filing a personal injury claim in Missoula requires a good understanding of the process and what to do. Here’s a general outline to guide you through:
- Talk to a Missoula Personal Injury Attorney: First, talk to an attorney who knows the law and can advise you on what to do. An experienced lawyer will help you understand your rights and the value of your claim.
- Get the Evidence: Get all the evidence, medical records, witness statements and physical evidence related to the accident. This is key to building your case.
- File a Claim: Depending on the situation you may need to file a claim with the insurance company or directly with the defendant. Your attorney will guide you through this process and make sure all the paperwork is done correctly and on time.
- Negotiate a Settlement: Often personal injury claims are settled through negotiations with the insurance company. Your attorney will advocate for you to get a fair settlement that covers your medical bills, lost wages and other damages.
- Prepare for Trial: If a fair settlement can’t be reached your case may go to trial. Your attorney will prepare you for court and represent you throughout the process to get the best possible result.
The legal process can be complicated but with the help of a dedicated Missoula personal injury lawyer you can feel confident in pursuing your claim and getting the compensation you deserve.
Why Choose Holloway and Hulling’s Personal Injury Lawyers?
When you’re dealing with the aftermath of a serious injury the most important decision you make is choosing the right attorney. At Holloway and Hulling we offer a unique combination of local knowledge, legal expertise and client focused service. Based in Missoula we have a deep understanding of Montana’s laws and how local courts interpret and apply premises liability laws. Missoula personal injury lawyers bring valuable experience and expertise in personal injury claims, navigating the legal process, calculating damages and pursuing compensation.We’re a firm that’s relentless and client focused. We don’t treat you like just another case — we listen to your story, assess your situation and develop a strategy that fits your needs and goals. Over the years we’ve helped hundreds of injury victims get the compensation they need to heal and recover.
One way we make legal representation more accessible is by working on a contingency fee basis. That means you won’t pay any legal fees unless we win your case. From start to finish you can expect clear communication, aggressive advocacy and a team that really cares about getting justice for you.
Contact Holloway & Hulling Today
If you’ve been injured in a slip and fall in Missoula, MT don’t wait to act. Call us now at (406) 880-7424 or schedule your free consultation today. Holloway and Hulling can help you get what you’re owed.
