Filing a lawsuit after a slip-and-fall

Whether you are shopping at the grocery store or visiting a friend’s apartment, there is always a possibility that you may slip or trip and fall and suffer injuries on someone else’s property. Many of these accidents are caused by the negligence of property owners and landlords who fail to maintain their properties in a reasonably safe condition.

Proving a slip-and-fall lawsuit

If you were injured in a slip-and-fall due to the negligence of another party, you can file a premises liability claim against the property owner to recover compensation. In Montana, you have three years from the date of the incident to file your personal injury lawsuit.

Proving your case will require you to establish that the property owner knew or should have known about the dangerous condition on the property that caused your accident and failed to take reasonable steps to fix the issue. You will also need to prove that their negligence caused your accident and your injuries.

Your attorney may choose to present the following evidence to support your claim:

  • Surveillance camera footage
  • Photos of the scene
  • Accident reports
  • Witness testimony
  • Medical documentation
  • Expert testimony

Property owner may use comparative negligence defense

The property owner may argue that the plaintiff was responsible for their own injuries Many slip-and-falls are the result of a person failing to pay attention to their surroundings, ignoring posted warning signs, wearing ill-fitting shoes, or walking while texting. However, Montana follows the modified comparative fault theory, which allows plaintiffs to recover damages as long as the jury finds them less than 51 percent at fault for the accident. The plaintiff’s damages will be reduced by the percentage of fault assigned to them. For example, a plaintiff found to be 30 percent at fault for their slip-and-fall will only recover $70,000 of the $100,000 in damages awarded to them.

An attorney specializing in personal injury lawsuits can help you file a slip-and-fall claim against the parties responsible for your accident and recover the damages you deserve.