Can You Sue for a Slip and Fall Accident in Montana?

Slip-and-fall accidents are more common than you might think, with thousands of individuals suffering serious injuries each year due to hazardous conditions like wet floors or poorly maintained walkways.

The aftermath of slip-and-fall accidents can be overwhelming, leaving victims not only in physical pain but also facing mounting medical bills and emotional distress as they navigate recovery and potential legal battles.

At Joyce, MacDonald, Haynes & Johnston, our team is highly experienced in personal injury law and is dedicated to helping you understand your rights and pursuing the compensation you deserve. Contact our law firm today for a free consultation to explore your legal options and start your journey toward healing.

“As a long standing client of this legal firm, I can attest to their high level of commitment to their clients. I’ve always received excellent results with very professional communication and respect. Would highly recommend to anyone looking for a knowledgeable and confident attorney they can trust to help in their time of need.” – Amanda S.

What is a Slip and Fall Accident?

Simply put, a slip-and-fall accident is an accident that occurs when an individual loses traction (slips) and suffers a fall. Slip-and-fall accidents are one of the most common types of “premises liability claims.”

Premises liability is a legal concept that allows individuals to hold a property owner accountable when:

• The individual suffers from an injury
• The injury was caused by an accident occurring on the owner’s property
• The injury was due to the property owner’s negligence

What Are the Common Causes of Slip and Fall Accidents in Montana?

Slip-and-fall accidents are some of the most common personal injury claims.. There are many causes of slip-and-fall accidents, but some of the most common include:

• Wet floors: Falls on wet floors commonly occur public spaces like grocery stores, restaurants.
• Icy or snowy parking lots: While snow and ice are common in Montana, it does not alleviate the property owner’s responsibility for maintaining their premises.
• Poorly maintained walkways: Tripping hazards like uneven sidewalks, potholes, unremoved debris, or obstructed walkways can lead to serious accidents.
• Unsafe staircases: If a property features staircases that are open to the public, they often need to meet certain regulations for safety and accessibility. Property owners may fall short of these code requirements and individuals can suffer injuries from slip-and-fall accidents as a result.
• Lack of warning signs: In many cases, property owners are required to post clear warning signs in conspicuous places so that their guests are on notice of any danger of a slip hazard on their property. When property owners fall short and individuals are harmed as a result, liability for a slip-and-fall claim may arise.

What are the Common Slip and Fall Injuries in Montana?

Slip-and-fall accidents can cause serious and greatly impact a victim’s quality of life. Some of the most common slip-and-fall injuries are:

• Broken bones: Because of the way victims tend to land after a fall, bone breaks and fractures in victims’ wrists, ankles, and hip bones are common in slip-and-fall cases.
• Traumatic brain injuries (TBIs): When a victim hits their head or suffers an impact to any part of their spinal cord during a fall, they may suffer from a traumatic brain injury (TBI). Traumatic brain injuries can be devastating and can lead to lasting consequences like cognitive issues and the loss of motor skills.
• Concussions: Even if an individual doesn’t suffer from a traumatic brain injury after a slip and fall causes them to hit their head, they may suffer from a concussion. Concussions can also cause serious long-term consequences, like memory issues, speech impairments, emotional disturbances, mental health complications, and more.
• Sprains and strains: When a victim suffers a fall, sprains and strains are very common. These injuries, while often treatable, can cause setbacks for those who suffer from them, causing them to miss out on work and other important moments in life.
• Spinal cord injuries: Injuries to the back, neck, and spinal cord can cause horrifying effects, including full or partial paralysis. Spinal cord injuries may cause semi-permanent or permanent mobility issues, chronic pain, and other symptoms that can affect a victim’s quality of life and ability to earn a living.
• Cuts, bruises, and soft tissue injuries: While cuts, bruises, and soft tissue injuries may appear to be superficial injuries, they can cause pain and may require medical attention.

How Can Slip and Fall Accidents Be Avoided?

While slip-and-fall claims are almost always accidents, the term “accident” doesn’t mean that no one is responsible or that the situation couldn’t–or shouldn’t–have been avoided. In many cases, property owners have a responsibility to take appropriate steps to protect individuals from slipping and falling on their property. Some of these steps may include:

• Performing routine inspections: Regular inspections help property owners identify conditions on their property that could lead to individuals slipping and falling. If inspections aren’t regularly performed, hazards like cracks, debris, or water leaks may go unidentified and liability may arise when an individual is hurt.
• Using proper warning signs for hazardous conditions: Often, property owners have a responsibility to properly warn individuals about potential hazards on their property using clear signs or other methods.
• Promptly cleaning wet floors: In places like grocery stores, restaurants, and other public spaces, property owners generally have the responsibility to check for and address a wet floor to prevent individuals from slipping and getting hurt.
• Installing proper lighting: Having poor lighting may lead to accidents for patrons on their property. Property owners should address and remedy inadequate lighting on their premises.

Who is Responsible for Accidents on Private Property?

The concept of a slip-and-fall claim is based on a theory of premises liability. Under the theory of premises liability, property owners have legal responsibility for much of what happens on their property.

Property owners have a duty to care for their property and to make it reasonably safe for those they invite or welcome onto the premises, a concept known as the property owner’s “duty of care.” If a property owner has a duty of care and a legal responsibility to keep visitors to their property safe and neglects that responsibility, they may be liable for injuries that occur on their property.

When a victim suffers injuries from a slip-and-fall accident that could have been avoided if the property owner had observed their duty of care, the victim may be owed damages to compensate them for their injuries.

Who Can Be Held Liable for My Fall Injury?

When a victim suffers injuries from a slip-and-fall, a common misconception they may have is that only the property owner(s) face liability in a potential claim. Depending on who had a duty of care to reduce the potential for injury, other parties may also face liability. Potentially liable parties may include:

• Property owners
• Property or building managers
• Contractors or subcontractors who perform maintenance at the property

How Do I Prove Negligence in a Slip and Fall Case?

If you were injured in a slip-and-fall accident, you should work with an experienced premises liability attorney to discover how you may recover compensation for your injuries. To succeed in proving liability in premises liability claims, like a slip-and-fall case, you must establish that the property owner was negligent. To prove negligence, you must establish:

• The responsible party owed a duty of care
• The responsible party breached the duty of care, resulting in dangerous conditions on the property
• The breach of the duty of care and resulting dangerous condition on the property caused a fall injury
• Damages were incurred as a result of the fall injury

What Damages Can I Recover in a Slip and Fall Case?

“Damages” broadly refers to the compensation available to a victim in a personal injury claim. Damages available to victims of slip and fall accidents in Montana include “economic” and “non-economic” damages.

Economic damages refer to compensation awarded for losses that can be quantified in a dollar amount including medical expenses, lost income wages or earnings, travel expenses, personal care costs, and more.

Non-economic damages are meant to compensate victims for intangible losses including compensation for mental and emotional anguish, pain and suffering, scarring and disfigurement, disability or impairment, loss in quality of life, emotional distress, depression, and more.

How Long Do I Have to File a Slip and Fall Claim in Montana?

As a general rule, in Montana, the statute of limitations for slip-and-fall accidents is just three years from the date that the accident occurred. It is important to speak with an experienced personal injury attorney as soon as possible to help you recover the compensation you deserve for your injuries.

Do I Need a Montana Personal Injury Attorney for My Case?

After a slip and fall, you may need a personal injury attorney to guide you through the legal process and improve your chances of fair compensation.

Why Work with Joyce, MacDonald, Haynes & Johnston

If you’ve suffered injuries from a slip-and-fall accident, our attorneys are here to help you fight for what you’re owed. It’s important to contact experienced premises liability attorneys as soon as possible.

Testimonials

“It was my pleasure to work with Saidee Johnston and Bill Joyce of Joyce & MacDonald PLLP. Communication was key. It was clear and often, explaining legal terms that helped me to move forward and provide appropriate documentation to them. Proper expectations were set upfront. Having no legal background, I felt they understood this and were empathetic and understanding always! I felt extremely comfortable from our first meeting right through to the successful end because of the constant open communication. Effective communication is a must in building a great relationship with clients and their Firm is built upon this premise. Thank you.” – Denise H.

“I had the pleasure of working with Michael W. Haynes. Michael was very kind and gave me complete confidence in my case. He kept me informed and was genuine and very kind in our conversations. I felt that he had a very personal approach along with great empathy for my situation. I would not hesitate to contact Michael again if the need be. I absolutely recommend Michael W. Haynes and Joyce & MacDonald PLLP” – Kathy K.

Learn Your Legal Rights After a Slip and Fall Accident

Slip-and-fall cases can be complicated and challenging to navigate alone. If you or someone you love has suffered a slip-and-fall injury, don’t let anything, or anyone, keep you from pursuing the justice and compensation you deserve. Before you speak with the insurance company, contact the law firm of Joyce, MacDonald, Haynes & Johnston, your fierce advocates in recovering what you are owed. Call 406-723-8700 or fill out our online contact form now to set up a free case evaluation with our team.