Investigating Premises Liability in Commercial Properties
At Gerstner Adam Law, we understand that when someone is injured on commercial property, it can lead to serious consequences for both the individual and the property owner.
Premises liability cases in Montana (as in other states) involve the legal responsibility of property owners or those in control of the property to maintain a safe environment for visitors. This includes people who are on the property for business purposes, whether they are customers, clients, or even vendors.
We have seen how devastating it can be when property owners fail to take proper precautions, and we are committed to helping injured individuals pursue justice in such cases.
Premises liability is a sub-section of personal injury law that holds property owners accountable for accidents that occur on their property due to hazardous conditions. In commercial settings, these cases can be particularly challenging, as they often involve businesses with high foot traffic, large spaces, and a greater duty of care to protect customers.
In Montana, the law establishes clear guidelines regarding the duty of property owners, and we have had the privilege of assisting clients who have suffered personal injury due to a property owner’s failure to uphold these obligations.
Premises Liability 101
Premises liability in commercial properties arises when an individual is injured on the property due to a dangerous or unsafe condition that the property owner knew about or should have known about.
This can include slip and fall accidents, uneven surfaces, dog attacks, poor lighting, failure to repair damaged floors, or inadequate security. When investigating these types of cases, it is crucial to prove that the injury was directly caused by the owner’s negligence in maintaining a safe environment.
In Montana, as in other states, premises liability cases hinge on whether the property owner fulfilled their responsibility to keep their premises safe for visitors.
This is typically governed by the legal concept of negligence, where the plaintiff (the injured party) must show that the property owner failed to act reasonably in preventing the injury. Our role at Gerstner Adam Law is to assist our clients in proving that the property owner was negligent and that this negligence resulted in personal injury.
The Duty of Care for Commercial Property Owners
Montana law imposes a duty of care on property owners, especially those who own commercial properties. Commercial property owners must make reasonable efforts to confirm that their premises are safe for those who enter for business purposes.
This duty of care includes regularly inspecting the property for hazards, making necessary repairs, and warning visitors of any known risks.
Property owners must also address foreseeable risks. For example, if a property owner knows that their parking lot has poor lighting, making it easier for someone to trip and fall, they have an obligation to either fix the lighting or at least warn people about the danger.
In Montana, a property owner’s responsibility is judged based on what a reasonable person would do in the same circumstances. If a reasonable person would have repaired or addressed a dangerous condition, the property owner could be held liable for any injuries that occur as a result.
At Gerstner Adam Law, we carefully examine the specifics of each case to determine whether the commercial property owner fulfilled this duty. We also look into whether they were aware of any hazardous conditions or whether they should have been aware, based on their regular inspections or other knowledge of the property.
Types of Hazards in Commercial Properties
There are many different types of hazards that can lead to personal injury in commercial properties. While slip and fall accidents are among the most common, there are many other types of accidents that can occur. Some of the most common hazards include:
Slip and falls: Wet floors, spills, or other slippery surfaces are common causes of slip and fall accidents in commercial settings, including stores, malls, and restaurants. In Montana, these types of accidents often occur in winter due to ice or snow accumulation.
Uneven surfaces: Uneven flooring, broken sidewalks, or potholes in parking lots can cause trips and falls, leading to serious injuries such as sprains, fractures, and head trauma.
Inadequate lighting: Poor lighting in parking lots, stairwells, or walkways can cause accidents. Inadequate lighting is a particular concern for commercial property owners who host late-night or evening events.
Falling objects: In retail stores, warehouses, or other commercial properties, objects falling from shelves or fixtures can cause personal injury. Property owners must take care to secure heavy items and inspect shelving units regularly to prevent accidents.
Inadequate security: In some cases, a lack of security measures can result in criminal acts, such as assaults, robberies, or other personal injuries. Commercial properties, especially those with high foot traffic, must provide adequate security measures to protect visitors.
When we investigate a premises liability case, we consider all potential hazards that may have contributed to the injury. We also work to gather evidence such as surveillance footage, maintenance records, and witness testimonies to build a strong case for our clients.
Proving Negligence in Premises Liability Cases
To win a premises liability case in Montana, the injured party must prove that the property owner was negligent.
This means showing that the owner either knew about the hazardous condition or should have known about it, and that the condition caused the injury. In our experience, the process of proving negligence often involves several key steps:
Establishing the owner’s duty of care: The first step is showing that the property owner had a legal obligation to maintain a safe environment for visitors. In the case of commercial properties, this duty is usually clear.
Identifying the hazard: Next, we must identify the specific hazard that caused the injury. This may include physical hazards like wet floors or broken stairs, or more abstract issues like inadequate security.
Demonstrating the owner’s knowledge of the hazard: The injured party must show that the property owner knew or should have known about the hazard. If the property owner failed to make necessary repairs or warnings, this can help establish negligence.
Linking the hazard to the injury: The final step is proving that the hazardous condition directly caused the injury. This can involve presenting medical records, professional testimony, and other evidence to show the extent of the injury and its connection to the hazardous condition.
At Gerstner Adam Law, we work tirelessly to gather the evidence needed to prove negligence and secure compensation for our clients. Whether it’s through the use of professionals or reviewing surveillance footage, we know what it takes to prove a personal injury case involving premises liability.
Comparative Fault in Montana
Montana follows a comparative fault system when it comes to personal injury cases, including premises liability claims. This means that if the injured party is partially at fault for the accident, their compensation may be reduced proportionally.
For example, if an individual slips and falls in a store but was also distracted by their phone, they may be found partially responsible for the accident. However, as long as the property owner’s negligence is a contributing factor, the injured party may still be entitled to compensation.
This is an important consideration when pursuing a premises liability case, as the defense may try to argue that the injured party’s actions contributed to the accident.
At Gerstner Adam Law, we work hard to protect our clients' interests and confirm that their compensation is not unfairly reduced due to comparative fault. We look at all the facts to build a compelling case for our clients, highlighting the property owner’s role in causing the injury.
Insurance Companies in Premises Liability Cases
In many cases, the property owner’s insurance company will play a major role in defending the case and determining the settlement amount. Insurance companies often try to limit their payout by downplaying the severity of the injury or by questioning the property owner’s liability.
This is why it is important to have a law firm like Gerstner Adam Law on your side.
We have extensive experience dealing with insurance companies and know how to negotiate effectively to get our clients compensation. Whether the case goes to trial or is settled out of court, we work hard to confirm that our clients are not taken advantage of by insurers looking to minimize their financial responsibility.
Seeking Compensation for Personal Injury
If you have been injured on a commercial property in Montana, you may be entitled to compensation for your injuries. This can include compensation for:
Medical bills: The cost of treatment for injuries sustained in the accident.
Lost Wages: If you were unable to work due to the injury, you may be entitled to compensation for lost income.
Pain and suffering: Compensation for the physical and emotional toll the injury has taken on your life.
Punitive damages: In some cases, if the property owner’s actions were particularly reckless, you may be entitled to additional compensation.
At Gerstner Adam Law, we are committed to fighting for fair compensation for our clients. We understand the impact that a personal injury can have on your life, and we will work tirelessly to confirm you are fully compensated for your losses.
Reach Out for the Next Steps
At Gerstner Adam Law, we are dedicated to helping clients who have been injured due to the negligence of property owners. We’re proud to serve Billings, Montana, and the surrounding areas of Glendive, Miles City, and Sidney. Call today.