In Montana, property owners are at fault for slip-and-fall injuries if their negligence—like failing to fix hazards or warn of dangers—caused the incident, and victims can recover compensation for medical bills, lost wages, and pain if less than 51% at fault under modified comparative negligence.
Proving Fault
Property owners owe a duty of care to maintain safe premises for visitors, breached by not addressing known hazards such as wet floors, ice, uneven surfaces, or poor lighting. Plaintiffs must show the breach directly caused the fall and resulting damages, using evidence like photos, videos, witness statements, and maintenance records. Different standards apply: invitees (customers) get highest protection, licensees (social guests) reasonable care, and trespassers minimal unless willful harm.
Comparative Negligence Impact
Montana’s modified comparative fault reduces awards by the plaintiff’s fault percentage if under 51%, but bars recovery if 51% or more at fault—for example, distracted walking on a known hazard. Courts apportion liability based on evidence, ensuring partial fault like ignoring warnings doesn’t fully eliminate claims.
Compensation and Deadlines
Recoverable damages cover economic losses (bills, income) and non-economic (pain, suffering), pursued via settlement or lawsuit. Statute of limitations is three years from injury, but notice to owners within 20-120 days (shorter for governments) is critical. Government property claims require special procedures and faster filing.
SOURCES
[1](https://www.murphylawoffice.net/accident-injury-guide/slip-and-fall-accidents/)
[2](https://www.tmbattorneys.com/blog/how-to-prove-fault-in-a-slip-and-fall-case-in-montana/)
[3](https://www.hoytblewett.com/personal-injury/premises-liability/slip-fall-accidents/)
[4](https://www.enjuris.com/montana/premises-liability/slip-and-fall-accidents/)
[5](https://spoonlaw.com/slip-falls-property-responsible/)
