Speak with a Billings Slip and Fall Attorney for Accidents in Montana and Wyoming
Slip and fall accidents can cause life-changing injuries in the blink of an eye. Whether you fell down the stairs or slipped in a store or parking lot, the forces your body experiences upon impact can cause severe trauma, including soft tissue strains and tears, organ damage, and broken bones. If you slipped and fell on public or private property in Montana or Wyoming, you may be entitled to financial compensation. At Ragain & Clark, PC, our seasoned trial lawyers bring more than 40 years of legal experience to representing individuals who have been seriously injured in falls at stores, office buildings, medical facilities, entertainment venues, government offices, public parks, private residences and other locations. In slip and fall accident cases, it is important to seek medical and legal advice as soon as possible, and we encourage you to contact us 24/7 to schedule a free, no-obligation consultation with an experienced Billings slip and fall attorney.
*Slip and Fall Accident Settlements and/or Verdicts
- $1.2M Negligent security guard
- $600K Negligent landlord
- “Ragain and Clark represented me after I slipped and fell on some poorly maintained stairs. They were very knowledgeable. I was able to settle my claim quite fairly and within a reasonable period of time.”
- “Ragain and Clark found insurance coverage that applied to my case that I did not even know existed.”
- “Thank you for all of the legal help you have given me over the years. You are so generous and kind.”
- “The brief you filed was readable and easily understood. Polite, yet demanding. I have a new appreciation for the great job you and your team did with our response. Nice work! Please share my appreciation with all who helped.”
Our Billings Slip and Fall Attorney Explains Fault and Liability
Montana uses a comparative negligence model when assigning fault in personal injury or wrongful death cases. This means that fault for an accident can be split between different parties. For a slip-and-fall case, this means the property owner is likely to argue the injured person is at least partially to blame for the accident.
As an example, a jury in a slip-and-fall case could find the injured person (plaintiff) was thirty percent at fault for their injury, while the property owner (defendant) was seventy percent at fault. Perhaps the plaintiff was looking at their phone when they failed to note the dangerous condition. If the plaintiff suffered $100,000 in damages, their award would be reduced by thirty percent, to $70,000.
It is easy to see why property owners will almost certainly seek to blame the injured person for the fall. Under Montana law, the plaintiff will recover no damages at all if they are found to be more than 50% at fault. And any plaintiff’s fault of 50% or less will still reduce the damages award, as in the example above.
Common Landowner Defenses
Common landowner defenses in Montana slip-and-fall cases include the following:
- The injured person was in a part of the property where visitors were prohibited, or where visitors were not expected.
- The injured person was not paying adequate attention to where they were walking, perhaps due to distraction from looking at a phone.
- The dangerous condition causing the fall should have been obvious to the injured person, perhaps because of warning signs or cones.
While these arguments are common, they are rarely airtight defenses for the owner. A Billings slip and fall attorney can work to overcome these defenses.
Posted Signs May Not Be Sufficient Warning
While posted signs near hazards may provide some sort of warning to those on the property, they do not guarantee the property owner has complied with the legal duty to warn. In some cases, the signs are misleading. In others, they be too general. Ask an experienced a skilled Billings slip and fall attorney; a sign that warns of “hazards ahead,” but which fails to identify the sort of potential hazards present is generally insufficient to avoid liability by the property owner for the slip and fall injury.
Damages Available in Your Slip and Fall Claim
Regardless of what happened, if owner of the property or business where you fell failed to exercise due care to prevent unnecessary injuries, you can seek full compensation for all of your injury-related losses, including:
- Outstanding medical bills (and any bills you have already paid)
- Future medical expenses
- Lost wages and lost future earning capacity
- Scarring and disfigurement
- Pain and suffering
- Emotional trauma
- Loss of companionship, consortium and enjoyment of life
- Other financial and non-financial losses
In order to recover these losses, you will need proof of negligence as well as proof of the severity and long-term effects of your injuries. We leverage decades of experience – both on the plaintiff and defense side of legal matters – to collect the evidence needed to pursue maximum value for your claim. Our slip and fall attorneys are seasoned in the courtroom. If the property or business owner’s insurance company refuses to settle, our attorneys will take your case to trials and fight aggressively to secure compensation.
Time Limits for Slip & Fall Cases
The time is limited to seek legal compensation for slip-and-falls. For Montana personal injury claims, the legal time limit to file suit, or statute of limitations, is three years from the date of injury. If the lawsuit is filed after this time period, the property owner will be able to have the case dismissed. This is why a person with slip-and-fall injuries should consult with a premises liability lawyer as quickly as possible after the accident.
Get Started with a Free Initial Consultation with a Billings Slip and Fall Attorney for Help in Montana and Wyoming
To learn more about your legal rights and how to pursue a slip and fall claim, contact our Billings, MT or Worland, WY law offices for a free initial consultation. Call 406-651-8888 to request an appointment with an attorney, or tell us how to reach you and we will be in touch as soon as possible.
*Past results should not be construed to create an expectation of result in any other case. The facts and circumstances of your case may be different and must be evaluated on its own merit.