Premises liability applies to situations in which a person is hurt while visiting another location due to the negligence of that property owner. These claims must show that a dangerous condition existed, that the property owner knew that risk was there, and that they did or did not do something that led to the injury you sustained. There are a few key things you should know about premises liability rights in Montana. Talk to a Butte slip and fall attorney from Everett Cook Law today.
You Must Prove You a Dangerous Condition Existed
The first priority for filing a claim for compensation after a premises liability accident in Montana is showing that a dangerous situation existed on another person’s property. Some examples may be:
- A missing handrail
- Weather-related risks, such as ice
- Falling objects
You must show that the condition existed and that it should not have existed or could not have been a problem you should have assumed was present.
Negligence Occurred
The next step is proving that negligence occurred, which means the property owner knew there was a risk, but they failed to take action to resolve it. Also, note that the person must have known the problem or risk was there and had the time to repair that condition before it caused the incident.
For example, if someone throws glass bottles onto the neighbor’s property, and you step on that glass, suffering injury, the neighbor may be responsible if they knew the risk was there and did nothing to prevent it from occurring, like cleaning up the mess.
The Dangerous Situation Caused Your Injuries
The next step in a premises liability case in Montana is demonstrating that the dangerous situation caused your injuries and losses. While this may seem simple, it is not always easy.
Proving that the property owner has the legal duty to keep you safe also means proving that you had every right to be on the property even if you were not specifically invited to it. Consider, for example, someone who is trespassing. If you are trespassing on property where there are clear signs that tell you not to do so or warn you of risk, the other property owner is not likely to be responsible for your losses. If, on the other hand, you can show that the property owner did nothing to warn you, they may be held responsible.
Filing a Premises Liability Claim in Montana
When you suffer injuries due to the actions or lack of action of a property owner, that property owner could be responsible for your losses. You will need to document what occurred, file a comprehensive claim with the property owner’s liability insurance, and prove your losses in a court of law.
With the help of a premise liability rights attorney in Montana, you gain the knowledge and support you need to make decisions about how to obtain the damages owed to you in a fair manner. Do not overlook the importance of seeking legal support in these cases, as they can become very complicated quickly.