Legal Rights After a Slip and Fall Accident on Commercial Property
A sudden fall on a store’s slick entryway or a restaurant’s uneven patio can do more than bruise pride. Shoppers, diners, and delivery drivers alike suffer real injuries every year because business owners overlook basic safety rules. That’s why they seek the assistance from our Montana personal injury lawyer at Gerstner Adam Law.
Medical bills pile up, paychecks shrink, and pain lingers long after the floor has been mopped or the ice has melted.
Montana law, however, doesn’t leave victims without options. If a hazardous condition on commercial property causes you harm, you’re entitled to pursue compensation for medical expenses, lost wages, and other losses. Understanding those rights—and how to assert them—can keep a temporary setback from turning into long-term financial trouble.
Below, we break down key legal principles, evidence tactics, and timelines that matter most in slip and fall claims. Knowing the rules gives you leverage from day one, and having a personal injury lawyer at your side can only help.
Common Causes of Slip and Fall Accidents
Falls can happen anywhere, but certain hazards appear again and again on commercial premises:
Wet or freshly waxed floors: Spills that aren’t cleaned promptly or areas mopped without warning signs create invisible dangers.
Snow and ice accumulation: Montana’s winters impose a duty on businesses to shovel, salt, and sand entrances within a reasonable time.
Uneven walking surfaces: Cracked sidewalks, buckled carpeting, and broken tiles trip customers whose attention is on merchandise rather than their feet.
Poor lighting: Dim aisles, stairwells, or parking lots hide defects that would be obvious in daylight.
Cluttered pathways: Boxes, extension cords, and merchandise displays can block safe passage and force awkward maneuvers.
Every one of these conditions can support premises-liability claims when the owner knew—or reasonably should have known—about the hazard and failed to correct it.
Duty of Care Owed by Montana Businesses
Under state law, commercial property owners owe invitees (customers, clients, or anyone there for mutual benefit) a duty to maintain reasonably safe premises. That duty includes:
Regularly inspecting the property for dangerous conditions.
Fixing hazards promptly or marking them with clear warnings.
Training employees to spot and report risks.
Failure to meet any of these obligations opens the door to liability if someone is injured. A seasoned personal injury lawyer examines inspection logs, maintenance contracts, and surveillance footage to prove an owner breached this duty.
Proving Negligence in a Slip and Fall Claim
To succeed in court—or in settlement talks—you must establish four elements:
Duty: The business owed a duty of care.
Breach: The owner breached that duty by allowing a dangerous condition.
Causation: The hazard directly caused the fall and resulting injuries.
Damages: You sustained quantifiable losses (medical costs, income loss, pain and suffering).
Evidence rules the day. Photos of the spill, medical records documenting injury timing, and witness statements all strengthen causation arguments. A personal injury lawyer often hires accident-reconstruction experts or building-code consultants to reinforce technical points that sway insurers—or juries—toward fair compensation.
Comparative Negligence
Montana follows a modified comparative negligence standard. If you’re less than 50 percent responsible for your fall, you can still recover damages reduced by your share of fault. Businesses and insurers frequently argue that injured people “should have watched where they were going.”
Solid evidence (for example, hidden black ice or an absent warning cone) minimizes that defense. An experienced personal injury attorney knows how to frame facts so contributory blame doesn’t derail the claim.
Critical Evidence to Preserve
Because puddles dry and ice melts, time is the enemy of a slip and fall case. Gathering proof quickly preserves your rights:
Scene photographs: Capture the hazard, surrounding area, and any warning signs—or lack thereof.
Incident reports: Ask management to document the event and request a copy.
Witness contact information: Get names and phone numbers before people scatter.
Clothing and footwear: Keep items unwashed and bagged; slippery substances or tread wear may become evidence.
Medical documentation: Seek treatment immediately, linking injuries to the accident.
Your personal injury lawyer will later subpoena cleaning schedules, prior incident logs, and maintenance invoices to confirm that the dangerous condition was no fluke.
Notice Requirements Under Montana Law
Liability often hinges on notice—whether the owner knew or should have known about the hazard. Courts consider:
Actual notice: Employees saw the spill or defect but did nothing.
Constructive notice: The hazard existed long enough a reasonable inspection would have discovered it.
Surveillance footage can make or break notice arguments. Most commercial properties record over video every 30–60 days, so prompt legal letters instructing the business to preserve footage are vital. Insurers respond differently when a personal injury lawyer fires off a preservation demand right after the accident.
Damages Available in Slip and Fall Cases
Successful claimants may recover:
Medical expenses: Hospital stays, imaging, surgery, physical therapy, and future treatments.
Lost earnings: Past wages and diminished future earning capacity.
Pain and suffering: Compensation for physical discomfort and emotional distress.
Loss of consortium: Impact on spousal relationship when injuries alter daily life.
Out-of-pocket costs: Travel for medical care, mobility equipment, and household help.
Quantifying these categories requires invoices, pay stubs, and often expert testimony. A personal injury attorney assembles economists, life-care planners, and physicians to present a comprehensive damage picture.
Dealing With the Insurance Adjuster
Soon after a fall, the commercial property’s insurer may call offering a quick settlement. Adjusters sound friendly, but their job is to minimize payouts. Tactics include:
Requesting recorded statements to find inconsistencies.
Pressuring you to sign broad medical releases.
Implying low-ball offers are “standard.”
Politely decline to discuss details until you’ve consulted legal counsel. A personal injury attorney levels the playing field, shifting communication to written demands supported by evidence and case law. That structure deters bad-faith practices and often increases initial settlement offers.
Statute of Limitations and Litigation Timeline
Montana gives slip and fall victims three years from the accident date to file suit. Wait too long and courts will dismiss your case, no matter how strong the facts. Litigation itself unfolds in phases:
Investigation and demand: Evidence collection, expert consultations, settlement negotiations.
Filing and discovery: Formal lawsuit drafting, depositions, written interrogatories, document exchanges.
Mediation or settlement conference: Courts encourage early resolution.
Trial: If talks fail, a jury or judge decides liability and damages.
Cases with compelling evidence and prompt expert involvement often settle before trial, but your personal injury lawyer must prepare as if testimony is inevitable. That readiness drives negotiations toward full, fair value.
Steps to Take Immediately After a Slip and Fall
The choices you make in the first hours and days after an accident build—or weaken—your claim:
Seek medical attention even if injuries seem minor; adrenaline masks pain.
Notify management in writing and request a copy of the incident report.
Photograph the hazard, footwear, and visible injuries.
Collect contact information from witnesses and employees.
Preserve clothing and any receipts (e.g., salt purchase if you slipped on hidden ice outside).
Contact a personal injury attorney for a free consultation on next steps.
Following this checklist protects evidence and makes sure that treatment records align with your narrative, two factors insurers can’t easily dispute.
Why Hire a Personal Injury Attorney Early?
Some slip and fall victims worry that hiring a lawyer means heading to court. In reality, retaining counsel early often shortens the process. Benefits include:
Evidence preservation: Immediate letters stop video from being erased.
Accurate valuation: Attorneys know true case worth, preventing lowball acceptance.
Medical lien negotiation: Lawyers often reduce health-insurance or Medicare reimbursement claims, increasing net recovery.
Stress reduction: Handling paperwork, calls, and deadlines frees you to heal.
Nine times out of ten, businesses’ insurers involve defense counsel from day one. Leveling the field with your own personal injury attorney simply balances power dynamics.
Speak With a Personal Injury Attorney Today
Our personal injury attorney firm combines local knowledge of Montana courts with a track record of holding businesses accountable. We guide clients from investigation through settlement or trial, pursuing every dollar the law allows. If you were injured in Glendive, Miles City, Sidney, or surrounding communities, call Gerstner Adam Law now for a free case review.