Missoula Premises Liability Lawyer

Premises liability cases are legal actions people can file when they sustain bodily harm and other damages on someone else’s property because of negligence. The case must establish liability by proving there were hazardous conditions or defects on the property the property owner knew or should have known about, and they failed to repair the problem or warn visitors to collect compensation. When you want to file a suit, you should seek help from one of our knowledgeable personal injury attorneys.

You have every right to expect a landowner to cover the damages and losses if you suffered harm because they were careless. Schedule a meeting with a skilled Missoula premises liability lawyer for more information.

The Elements of Liability

Proving fault in premises liability lawsuits requires gathering the evidence to build a solid case establishing each of the necessary elements, including:

• The person responsible for the property had a legal duty of care, a particular responsibility to maintain the premises to prevent harming the plaintiff
• The owner or possessor failed to fulfill their legal obligations by repairing the hazard and warning visitors until repairs were complete, causing a breach of duty
• The landowner’s negligence and property defect were a direct or contributing cause of the damages sustained by the plaintiff
• The plaintiff sustained verifiable damages, such as bodily harm, non-monetary losses, or property damage

State statutes consider the case specifics to determine the extent of liability and the award for damages. The Montana Code Annotated § 27-1-1603 dictates that owners, managers, and those responsible for the property are legally responsible for exercising prudent care to maintain the area and prevent visitors from causing harm.

Property owners and managers must inspect the premises, repair and maintain the property, and warn of the risks until completion. During a consultation, one of our Missoula premises liability attorneys can answer questions about the necessary elements and processes to collect a settlement.

Expiration Date for Seeking Compensation

The statute of limitations requires the injured person to file the case within a specific time frame. Under the Montana Code Annotated § 27-2-204, the maximum time to commence legal actions to recover monetary damages in premises liability lawsuits is three years. If the plaintiff does not realize they suffered bodily harm on the day of the accident, the time begins the day they reasonably discover the injuries.

While specifics of the case could extend the time, preparing the case to file the complaint promptly is in the plaintiff’s best interest. Our seasoned premises liability lawyers in Missoula could handle the legal work and civil court filings to ensure compliance with the rules of the civil court statutes.

Shared Fault

Personal injury laws follow a modified comparative fault rule for cases involving shared fault. That means if the civil court determines the plaintiff is partly responsible for the damages, they will not bar them from recovery if their percentage of fault is under 50 percent. However, they will reduce the award for damages by their part of responsibility.

Speak to a Skilled Premises Liability Attorney in Missoula Today

Landowners, possessors, managers, and anyone responsible for properties must take reasonable care to maintain the premises and warn guests of potential risks until the repair is complete. When they fail to act reasonably and visitors are harmed, the civil court may hold them financially accountable.

While state laws protect you by providing a process to collect a settlement from the liable party, the rules and guidelines are complex. One of our Missoula premises liability lawyers could guide you with sound legal advice and help collect a fair award to cover your damages and losses. Contact us to schedule an appointment.