Billings, MontanaBillings Premises Liability
Billings Premises Liability Lawyers: Slip and Fall, Icy Sidewalk and Negligent Security Claims in Yellowstone County
Boland Aarab PLLP.
If you fell on ice outside a Billings business, tripped on a broken apartment stair or were assaulted in a poorly secured parking lot, the owner or the company in control of the property may owe you compensation. Montana requires reasonable care, ice and snow are not an automatic excuse, and most claims must be filed within 3 years.
Hurt in a fall on someone else’s property in Billings? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Why do so many Billings falls happen in winter?
Billings winters swing between snow, wind, thaw and hard refreeze. A parking lot that is slush at noon can be glare ice by the evening shift change, and meltwater from a roof or a downspout can refreeze across the same walkway every night for weeks. The falls we see most often in Yellowstone County follow that pattern:
- Store and restaurant entrances along King Avenue West, 24th Street West, Grand Avenue and Main Street in the Heights, where heavy foot traffic packs snow into ice.
- Apartment steps, walkways and parking areas in rental complexes, where no one is clearly assigned to salt or sand.
- Downtown sidewalks near offices, hotels and the medical corridor.
- Big parking lots at shopping centers and event venues, where plowed snow piles melt and refreeze across drive lanes.
Billings puts a duty on property owners for the public sidewalk, too. City Code Section 22-406 requires owners or their agents to remove snow, ice and slush from sidewalks adjacent to their property within 24 hours after a storm, and forbids pushing snow from private property onto the sidewalk or street (City of Billings, Snow Removal). A city ordinance does not by itself decide a civil case, but an owner that ignored it will have a hard time claiming it acted reasonably.
Not every fall is about ice. Loose carpet, unmarked steps, poor lighting, missing handrails, spills in grocery aisles and broken curbs cause serious injuries year-round.
What happens after a fall in Billings?
- Get medical care. Billings has two Level 1 / Comprehensive Trauma Centers, Billings Clinic and St. Vincent Regional Hospital (DPHHS designated facility list). Hip fractures, wrist fractures and head injuries are common after falls, and symptoms of a brain injury can be delayed.
- Report the fall to the manager or landlord and ask for a copy of the incident report.
- Photograph the hazard right away, before it is salted, cleaned or repaired, and note the weather and the time.
- Ask that video be saved. Stores and apartment buildings record over cameras quickly. We send written preservation demands.
- Keep your shoes and clothing as they were, and get the names of witnesses and employees.
If the fall happened on public property, such as a city sidewalk, a county building or the county-owned MetraPark grounds, the claim must first be presented in writing under Montana’s government-claim statute (§ 2-9-301, MCA).
A premises lawsuit filed in state court is heard in the Thirteenth Judicial District Court at the Yellowstone County Courthouse, 217 North 27th Street (§ 3-5-101, MCA). National retail chains and property companies based in other states sometimes remove cases to the Billings Division of the U.S. District Court, at the James F. Battin Federal Courthouse, 2601 2nd Avenue North (District of Montana).
Who can be responsible for a Billings fall?
Often more than one company:
- The property owner or landlord that controls common areas.
- The tenant business that runs the store or restaurant.
- A property management company hired to maintain the building.
- A snow-removal or janitorial contractor that did the work poorly or skipped it.
- A government owner, for a public building, sidewalk or facility.
Snow-removal contracts matter. When a contractor was paid to plow and treat a lot but came late or not at all, that contract and its invoices can show who was responsible.
When is a property owner responsible for an assault?
A business or landlord can be liable for a crime on its property when the crime was reasonably foreseeable and it failed to take reasonable security measures. In Billings these claims usually involve apartment complexes, motels, bars, parking areas and late-night businesses. Police call histories from the Billings Police Department or the Yellowstone County Sheriff’s Office, earlier incident reports, tenant complaints and broken locks, lights or cameras often decide whether the danger was foreseeable. Montana decides whether a duty exists largely by foreseeability (Fisher v. Swift Transportation Co., 2008 MT 105).
Montana law that applies
Our Montana premises liability page covers trespassers, free recreational use and damages in more depth.
Why hire a Great Falls firm for a Billings case?
We are based in Great Falls and handle premises cases across Montana. Property owners and their insurers often expect a fall case to settle cheaply. They reconsider when the injured person’s lawyers are ready to try it. Our attorneys travel to Billings to inspect the property, take depositions, attend hearings and try the case, and our firm has tried jury trials in Yellowstone County. We do not have a Billings office; we come to you.
The Boland Aarab Way
- We try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom.
- We hold public bodies accountable. A jury returned a $115,000 net verdict for our client in a municipal negligence case (Jack v. City of White Sulphur Springs).
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client (Voegel v. Salsbery, 2023 MT 137).
- We know federal court. More than 40 cases in the U.S. District Court for the District of Montana over nine years.
Related Billings pages: dog bites · traumatic brain injury · all Billings personal injury cases
Frequently Asked Questions
Do Billings property owners have to clear their sidewalks? Yes. City Code Section 22-406 requires owners or their agents to clear snow, ice and slush from adjacent sidewalks within 24 hours after a storm. Whether a violation supports your claim depends on the facts.
I slipped on ice in a Billings parking lot. Can the store say ice is natural and nobody’s fault? No. Montana abolished the natural-accumulation defense in 1997. The question is whether the owner, tenant or snow contractor used reasonable care.
I fell on a city sidewalk or at a county facility. What is different? Claims against the City of Billings or Yellowstone County must first be presented in writing under § 2-9-301, MCA, and damages caps apply. Start early.
My apartment complex never salts the steps. Who is responsible? Usually the landlord, which controls common areas, and possibly a property manager or snow-removal contractor. Photos and written complaints to management are strong evidence.
Where would my Billings slip-and-fall case be filed? In the Thirteenth Judicial District Court at the Yellowstone County Courthouse, or in the federal court’s Billings Division if an out-of-state defendant removes it.
Talk to a Billings Premises Liability Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
