Butte, MontanaButte Premises Liability
Butte Premises Liability Lawyers: Slip and Fall, Icy Sidewalk and Stairway Injuries in Uptown Butte and Butte-Silver Bow
Boland Aarab PLLP.
If you were hurt in a fall on someone else’s property in Butte, the owner or the business in control of the property may be responsible. Montana requires property owners to use reasonable care, and ice or snow that was visible does not by itself excuse them. Most claims must be filed within three years, and many Butte cases are heard in the Second Judicial District Court.
Hurt in a fall at a Butte store, apartment or public building? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Why are falls such a common injury in Butte?
Butte’s geography, climate and building stock combine to make falls a year-round risk.
- Steep streets and sidewalks. Uptown Butte climbs the hill above the flats, and Montana Street and the streets around it rise steeply toward the old business district. A sidewalk or entrance that would be a minor hazard on level ground becomes a serious one on a grade.
- Old buildings. Uptown Butte lies within a National Historic Landmark District, and many of its commercial and apartment buildings are more than a century old. Worn stair treads, uneven thresholds, narrow stairways, low lighting and missing or loose handrails are common conditions in older buildings, and owners who renovate or rent them are responsible for keeping them reasonably safe.
- Long winters. Butte sits at roughly 5,500 feet, averages about 20 degrees in January and gets close to 57 inches of snow a year. Freeze-and-thaw cycles turn meltwater from roofs and downspouts into sheets of ice on walkways and steps, often overnight.
- Busy parking lots. Harrison Avenue, Butte’s main commercial corridor, is lined with stores, restaurants and large parking lots. Lots that are plowed but not sanded, or where plowed snow is piled so that it melts across the walking path, are a frequent source of winter falls.
None of these conditions makes a fall anyone’s fault automatically. They are the reason Butte property owners, landlords and managers should expect people to encounter ice, grades and stairs, and must plan for them.
Do Montana’s ice and snow rules protect Butte property owners?
Not the way they once did. Before 1997, a Montana owner generally was not liable for a fall on ice or snow that accumulated naturally and was obvious. The Montana Supreme Court abandoned that rule in Richardson v. Corvallis Public School District No. 1, and the question now is whether the owner used reasonable care (286 Mont. 309 (1997)).
That matters in a Butte winter. A business that leaves its only entrance icy for hours after a storm, or a landlord who lets a downspout drain across the apartment steps all season, may be responsible even though the ice was plain to see. An obvious hazard excuses the owner only if the owner should not have anticipated harm (Steichen v. Talcott Properties, LLC, 2013 MT 2). Its obviousness can still affect your share of fault.
What happens after a slip and fall in Butte?
Get care first. St. James Healthcare in Butte, now part of Intermountain Health, is designated by the state as an ACS Level III / State Area Trauma Hospital (DPHHS, Nov. 2025). Hip fractures, wrist fractures and head injuries from falls on ice are common, and older adults can be badly hurt by a single fall.
Report the fall to the manager, landlord or owner, and ask for a copy of any incident report. If the fall followed a crime, such as an assault in a parking lot, report it to the Butte-Silver Bow Law Enforcement Department.
Preserve what changes fastest. In Butte, ice melts by afternoon and is sanded by the next morning. Photograph the surface, the downspout, the stairs and the lighting right away, keep your shoes, and ask the business in writing to keep its video.
Falls on public property have extra rules. Butte and Silver Bow County are one consolidated government, Butte-Silver Bow. A claim over a fall at a public building or on public property must be presented in writing before suit (§ 2-9-301, MCA), and damages against government entities are capped (§ 2-9-108, MCA). Who is responsible for a particular sidewalk, the adjoining owner or the government, is a question we check early.
Where the case is heard. A Butte premises case is usually filed in the Second Judicial District Court, which is Silver Bow County (§ 3-5-101(2), MCA), at the Silver Bow County Courthouse, 155 West Granite Street. When the owner is a national retail or property company based out of state, it may remove the case to the U.S. District Court, Butte Division, at the Mike Mansfield Federal Courthouse, 400 North Main Street (mtd.uscourts.gov).
Montana law that applies
Briefly. Our Montana premises liability lawyer page covers the law in more depth.
- Every person is responsible for injuries caused by a want of ordinary care in managing their property (§ 27-1-701, MCA).
- A trespasser is owed much less (§ 27-1-708, MCA), but a shopper, tenant, guest or worker is owed reasonable care.
- A property owner can be responsible for a foreseeable crime on the property when it fails to take reasonable security measures; foreseeability drives the duty (Fisher v. Swift Transportation Co., 2008 MT 105).
- You can recover if your share of fault is not greater than the defendants’ combined (§ 27-1-702, MCA).
- Most injury claims must be filed within 3 years (§ 27-2-204, MCA).
Why hire a Great Falls firm for a Butte case?
Because fall cases are won or lost on evidence gathered in the first days and on a willingness to try the case when an insurer assumes it will settle cheaply. We are based in Great Falls and handle cases statewide. We can start the investigation by phone and letter the day you call, and our attorneys travel to Butte to see the property, meet with you, take depositions, and attend hearings and trial.
We do not have a Butte office. Our jury trials have been in Cascade, Phillips, Meagher and Yellowstone Counties, and we prepare a Butte case as though a Silver Bow County jury will decide it.
The Boland Aarab Way
- We hold property owners and public bodies to account at trial: a $115,000 net jury verdict in a municipal negligence case (Jack v. City of White Sulphur Springs).
- We protect verdicts on appeal: the Montana Supreme Court reinstated a $168,500 jury verdict for our client (Voegel v. Salsbery, 2023 MT 137).
- We try cases: more than a dozen jury trials and more than 4,000 hours in the courtroom.
- You work directly with Caitlin Boland Aarab and Samir Aarab from the first call.
We also handle dog bite cases in Butte and brain injury cases in Butte. See our Butte personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
I slipped on ice outside a store on Harrison Avenue. Do I have a case? You may. Montana no longer excuses owners just because ice formed naturally or was visible; the question is whether the business used reasonable care to clear, sand or warn.
I fell on a worn stairway in an old Uptown building. Who is responsible? Usually the owner or landlord that controls the stairway, and sometimes a property manager or contractor. The age of a building does not excuse unsafe stairs or missing handrails.
What if I fell on a public sidewalk or at a Butte-Silver Bow building? A claim against the government must be presented in writing first, and damages are capped. Responsibility for a sidewalk can also fall on the adjoining owner, so the facts need checking early.
How quickly do I need to act after a winter fall in Butte? Right away for evidence. Ice melts, sand is spread and video is recorded over within days. The filing deadline for most claims is 3 years.
Where would my Butte fall case be heard? Usually in the Second Judicial District Court in Uptown Butte, or in the federal Butte Division if an out-of-state owner removes it.
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.
