Sidewalk and Public Property Falls in Montana
Who is responsible for a fall on a broken sidewalk in Montana, the short deadline to file a notice of claim against a city or county, and limits on damages.
Short answer: Montana law lets a city or town council regulate and provide for the building and repair of sidewalks, curbs and gutters. Mont. Code Ann. § 7-14-4122
| Sidewalk falls: who is responsible | Montana law lets a city or town council regulate and provide for the building and repair of sidewalks, curbs and gutters. If a lot owner does not do the sidewalk work an ordinance requires within the set time, the city may contract for it, and the cost becomes a lien on the lot that can be recovered from the owner. This statute deals with who must build and repair sidewalks; it does not itself say who is liable to a person injured by a defective sidewalk. Source: Mont. Code Ann. § 7-14-4122 |
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| Claims against a city or county | Claims against a county, city or other political subdivision must be presented to and filed with that entity's clerk or secretary; the same statute sends claims against the state to the Department of Administration (120-day review before suit). The statute does not set a separate notice deadline for local-government claims, so the regular lawsuit deadline applies. Damages against the state or any local government are capped at $750,000 per claim and $1.5 million per occurrence. Cap: https://mca.legmt.gov/bills/mca/title_0020/chapter_0090/part_0010/section_0080/0020-0090-0010-0080.html . One law (Title 2, ch. 9) covers both state and local government. |
| Suing the government | Claims against the state must first be presented in writing to the Department of Administration, which has 120 days to grant or deny; no lawsuit may be filed until the claim is denied (no decision in 120 days counts as denial), and the statute of limitations is paused for 120 days after the department receives the claim. Claims against a county, city or other political subdivision must be presented to and filed with its clerk or secretary. Government liability is capped at $750,000 per claim and $1.5 million per occurrence. Cap: https://leg.mt.gov/bills/mca/title_0020/chapter_0090/part_0010/section_0080/0020-0090-0010-0080.html |
| Deadline to sue for an injury | Three years for tort actions in general, including personal injury based on negligence (an action on a liability not founded on a written instrument). Two years for libel, slander, assault, battery, false imprisonment or seduction. |
More Montana personal injury & wrongful death
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- Wrongful Death Lawsuits in Montana
- Medical Malpractice Rules in Montana
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- Dog Bite Liability in Montana
- Slip, Trip and Fall Injuries in Montana
- Motorcycle Accident Claims in Montana
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FAQ
Who is liable if you trip and fall on a sidewalk in Montana?
Montana law lets a city or town council regulate and provide for the building and repair of sidewalks, curbs and gutters. If a lot owner does not do the sidewalk work an ordinance requires within the set time, the city may contract for it, and the cost becomes a lien on the lot that can be recovered from the owner. This statute deals with who must build and repair sidewalks; it does not itself say who is liable to a person injured by a defective sidewalk.
How long do you have to file a claim against a city or county in Montana?
Claims against a county, city or other political subdivision must be presented to and filed with that entity's clerk or secretary; the same statute sends claims against the state to the Department of Administration (120-day review before suit). The statute does not set a separate notice deadline for local-government claims, so the regular lawsuit deadline applies. Damages against the state or any local government are capped at $750,000 per claim and $1.5 million per occurrence.
How do you file an injury claim against the government in Montana?
Claims against the state must first be presented in writing to the Department of Administration, which has 120 days to grant or deny; no lawsuit may be filed until the claim is denied (no decision in 120 days counts as denial), and the statute of limitations is paused for 120 days after the department receives the claim. Claims against a county, city or other political subdivision must be presented to and filed with its clerk or secretary. Government liability is capped at $750,000 per claim and $1.5 million per occurrence.
What is the statute of limitations for personal injury in Montana?
Three years for tort actions in general, including personal injury based on negligence (an action on a liability not founded on a written instrument). Two years for libel, slander, assault, battery, false imprisonment or seduction.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.