Premises Liability Attorneys in Billings, Montana

Premises liability is an area of personal injury law that deals with incidents occurring on another person's property due to unsafe or hazardous conditions. These cases often involve a range of environments such as residential homes, commercial businesses, and public spaces.

Understanding the various aspects of premises liability is crucial for ensuring that property owners maintain safe environments, and for helping victims seek the compensation they deserve. 

What Is Premises Liability? 

Premises liability pertains to the responsibility of property owners and occupiers to ensure their premises are reasonably safe for visitors. This includes addressing any dangers or hazards that could potentially cause harm.

When property owners fail to uphold this duty, they may be held liable for injuries and damages that result from their negligence. 

Common Types of Premises Liability Cases 

Several scenarios can give rise to premises liability claims, including but not limited to: 

• Slip and fall accidents: This is one of the most prevalent types of premises liability cases. These incidents occur due to wet floors, uneven surfaces, poor lighting, lack of handrails, or icy walkways. 

• Poor maintenance: Property owners may be held liable if injuries result from inadequate maintenance, such as broken stairs, faulty elevators, or unsecured tiles. 

• Inadequate security: If a property owner fails to provide adequate security measures leading to an assault or robbery, they may be held responsible for the resulting injuries. 

• Swimming pool accidents: Unfenced or unsupervised swimming pools can be hazardous, especially to children. Owners are required to implement appropriate safety measures. 

• Toxic exposure: Exposure to hazardous materials like asbestos, lead paint, or mold on a property can lead to severe health issues, and property owners may be liable for neglecting to address these dangers. 

Elements of a Premises Liability Case 

To succeed in a premises liability claim, the following elements generally need to be established: 

1. Duty of care: The property owner or occupier must have a legal responsibility to ensure the safety of individuals on their property. This duty varies depending on the status of the person on the property (invitee, licensee, or trespasser). Invitees, such as customers in a store, are owed the highest duty of care, which includes regular inspections and addressing potential hazards. 

2. Breach of duty: A breach occurs when the property owner or occupier fails to meet the standard of care owed. This can include actions such as neglecting to fix broken stairs, failing to clean up spills, or not providing adequate security in areas prone to crime. Evidence of regular maintenance schedules, safety protocols, and previous incident reports can be critical in establishing a breach.  

3. Causation: The injured party must prove that the property owner's breach of duty directly caused their injury. This typically requires demonstrating a clear link between the unsafe condition and the injury sustained. Expert testimony, such as that from medical professionals or safety experts, can be essential in establishing causation. 

4. Damages: The injured party must have suffered actual damages as a result of the incident. These can include economic damages like medical expenses and lost wages, as well as non-economic damages such as pain and suffering or emotional distress. Documentation such as medical records, bills, and employment records can substantiate claims for economic damages. 

Steps to Take After a Premises Liability Incident 

If you find yourself injured due to unsafe conditions on someone else's property, taking the following steps can help protect your rights: 

• Seek medical attention: First and foremost, get the necessary medical care to ensure your health and safety. 

• Report the incident: Inform the property owner or manager about the accident and verify the incident is officially documented. 

• Gather evidence: Take photos of the scene, your injuries, and any hazards that contributed to the accident. Collect witness statements and contact information. 

• Maintain records: Keep track of all medical treatments, expenses, and any communication with property owners or their insurance companies. 

• Consult an attorney: Reach out to an experienced premises liability lawyer to discuss your case and explore your legal options. 

The Role of Negligence in Premises Liability 

In Montana, the concept of comparative negligence plays a large role. If the injured party is found to be partially at fault for their own injury, their compensation may be reduced proportionally. For example, if an injured party is found to be 30% at fault, their compensation would be reduced by 30%. 

Property owners in Montana are advised to conduct regular inspections, keep records of maintenance and repairs, and promptly address any hazardous conditions to mitigate the risk of premises liability claims. 

Why Choose Gerstner Adam Law for Your Premises Liability Case? 

At Gerstner Adam Law, our team is dedicated to representing clients in premises liability cases with diligence and compassion.

Located in Billings Montana, our attorneys serve clients throughout Glendive, Miles City, and Sidney. Here's why we stand out: 

• Legal knowledge: We stay informed on Montana's premises liability laws to offer you the best legal guidance. 

• Comprehensive investigations: We conduct thorough investigations to gather evidence and build a robust case. 

• Aggressive representation: We are committed to fighting tirelessly on your behalf to secure the compensation you deserve. 

• Personalized attention: We provide tailored legal strategies to meet the unique circumstances of your case.