Slip, Trip and Fall Injuries in Montana
When a store, landlord or property owner in Montana is responsible for a fall, falls on ice and snow, how fault is shared, and the deadline to sue.
Short answer: Montana's general negligence statute makes each person responsible for an injury caused to another by a lack of ordinary care in managing their property, unless the injured person brought the injury on themselves willfully or by their own lack of ordinary care. Mont. Code Ann. § 27-1-701
| Slip and fall: property owner's duty | Montana's general negligence statute makes each person responsible for an injury caused to another by a lack of ordinary care in managing their property, unless the injured person brought the injury on themselves willfully or by their own lack of ordinary care. This is the statutory basis for slip-and-fall (premises liability) claims; the more detailed duties owed to visitors come from court decisions, which were not reviewed for this entry. Any recovery is also subject to Montana's comparative-fault rule. Source: Mont. Code Ann. § 27-1-701 |
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| 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 |
| 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. |
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of all defendants, but damages are reduced in proportion to the injured person's percentage of negligence. Source: Mont. Code Ann. § 27-1-702 |
| 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
- Deadlines to File an Injury Lawsuit in Montana
- Wrongful Death Lawsuits in Montana
- Medical Malpractice Rules in Montana
- Car Accident Claims in Montana
- Dog Bite Liability in Montana
- Sidewalk and Public Property Falls in Montana
- Motorcycle Accident Claims in Montana
- Pedestrian Accident Claims in Montana
- Bicycle Accident Claims in Montana
- Uber and Lyft Accident Claims in Montana
- Truck Accident Claims in Montana
- Construction Site Injuries in Montana
- All Montana personal injury & wrongful death rules
FAQ
Who is responsible if you slip and fall on someone's property in Montana?
Montana's general negligence statute makes each person responsible for an injury caused to another by a lack of ordinary care in managing their property, unless the injured person brought the injury on themselves willfully or by their own lack of ordinary care. This is the statutory basis for slip-and-fall (premises liability) claims; the more detailed duties owed to visitors come from court decisions, which were not reviewed for this entry. Any recovery is also subject to Montana's comparative-fault rule.
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.
Can you recover damages if you were partly at fault in Montana?
Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of all defendants, but damages are reduced in proportion to the injured person's percentage of negligence.
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.