Hurt in a fall on someone else's property in Montana? Premises claims usually turn on whether the owner knew or should have known about the hazard, plus the state's deadline and fault rule.
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Montana Code Annotated § 27-2-204 provides a three-year statute of limitations for personal injury claims — longer than most states. But the evidence clock in a slip and fall case runs far faster than the lawsuit deadline. Surveillance footage is overwritten within 24 to 72 hours at most commercial properties. Maintenance logs showing prior complaints about the same hazard are internal records that property owners sometimes destroy or "lose" after an incident. The most powerful evidence in a Montana premises case — a written maintenance request, a prior incident report, or a prior complaint by another customer about the same condition — disappears without a formal litigation hold demand sent immediately after the fall. An attorney's preservation letter, delivered within days, freezes all of this evidence before it is consumed by routine operations or anticipatory destruction.
Montana adopted a unitary reasonable care standard for ALL property entrants in Richardson v. Corvallis Public School District No. 1, 1997 MT 71, 282 Mont. 323. Richardson went further than New Hampshire's Ouellette or Hawaii's Pickard by explicitly extending the single care standard to trespassers — not just invitees and licensees — making Montana's standard the most expansive in the country. Under Richardson, the sole legal question is whether the landowner exercised reasonable care under the circumstances. Montana courts consider foreseeability of harm, the burden of taking precautions, and the social utility of the defendant's conduct. For commercial properties, this typically means regular inspection of high-traffic areas, prompt repair of known hazards, and clear warning of conditions that cannot be immediately corrected.
Montana Code Annotated § 27-1-702 applies modified comparative fault: your negligence does not bar recovery if it was not greater than the combined negligence of the defendants, and your damages are reduced by your share. At exactly 50% you still recover half; above 50% you are barred. Property owners and their insurers often argue in Montana premises cases that the victim was distracted, wearing the wrong footwear, or not watching where they were walking. Surveillance footage showing that the hazard was not visible, that no warning signs were posted, or that the condition had existed for hours is the main answer to these arguments. Getting the footage before the recording loop overwrites it is an urgent first step in a Montana slip and fall case.
When the fall occurs on government property — a state building, county courthouse, municipal sidewalk, or school facility — claims against the governmental entity under Montana Code Annotated § 2-9-301 do not require a separate short-fuse pre-suit notice as in many other states. Montana's Government Claims process allows claims against the state and its subdivisions within the same three-year SOL, with formal presentation to the appropriate entity required before filing suit. This is more plaintiff-friendly than states with 60- or 90-day notice windows. However, an attorney must correctly identify the governmental entity responsible for the property, present the claim in the correct form to the correct office, and then file suit within the three-year window. Presenting to the wrong entity or using the wrong format creates procedural defects that delay the entire case.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Montana abolished the invitee/licensee/trespasser trichotomy in Richardson v. Corvallis Public School District No. 1, 1997 MT 71, extending reasonable care to all entrants including trespassers. This is the most expansive premises liability standard in the United States — a single reasonable care question applies regardless of why or how the person entered the property. For commercial properties, this means inspecting for hazardous conditions, correcting them within a reasonable time, and warning visitors of known dangers. Trespassers retain the full reasonable care protection, though courts consider all circumstances including the foreseeability that trespassers would enter the area.
MCA § 27-2-204 provides a three-year statute of limitations for personal injury claims — longer than most states' two-year windows. For government property claims under MCA § 2-9-301, Montana does not impose a separate short-fuse pre-suit notice requirement; the three-year window generally applies after formal presentation of the claim to the appropriate governmental entity. However, the evidence preservation window is far shorter: surveillance footage is typically overwritten within 24-72 hours, and maintenance records should be preserved through a formal litigation hold demand within days of the fall. Source: Montana Legislature, https://leg.mt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0040/0270-0020-0020-0040.html
MCA § 27-1-702 bars recovery only when your negligence is greater than the combined negligence of the defendants; otherwise your damages are reduced by your share. At exactly 50% fault you still recover half. That is the same 51% bar used in Hawaii and New Hampshire; Idaho is stricter and bars recovery at 50%. Defense teams may point to distraction, footwear, or visible warning signs to push your share above 50%. Surveillance footage and prior incident records are the main tools for answering that. Source: Montana Legislature, https://mca.legmt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0020/0270-0010-0070-0020.html
Yes, but Montana's process is more plaintiff-friendly than most states. Under MCA § 2-9-301, claims against the State of Montana or its subdivisions must be formally presented to the appropriate government entity before filing suit — but there is no 60- or 90-day short-fuse notice deadline that runs separately from the three-year SOL. The presentation must be made within the three-year window and in the correct form to the correct entity. An attorney familiar with Montana's Government Claims process must handle this step correctly, as presenting to the wrong agency or using the wrong form creates procedural defects. Source: Montana Legislature, https://leg.mt.gov/bills/mca/title_0020/chapter_0090/part_0030/section_0010/0020-0090-0030-0010.html
Yes. Montana's Richardson standard applies to outdoor commercial areas, parking lots, and sidewalks adjacent to business premises. Property owners who control these areas must inspect them for hazardous conditions including ice, snow accumulation, uneven pavement, and drainage defects. Montana courts have recognized that commercial property owners in cold-weather climates must anticipate ice formation and take reasonable precautions — including salting, sanding, or closing areas that cannot be made safe. For municipal sidewalks, the city or county may be liable under MCA § 2-9-301 if it had notice of the defective condition and failed to repair it. A pre-suit Government Claims presentation is required before suing the municipality.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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