Havre, MontanaHavre Premises Liability
Havre Premises Liability Lawyers: Slip and Fall, Ice and Snow Falls and Negligent Security in Hill County
Boland Aarab PLLP.
If you fell on ice at a Havre business entrance, tripped on a broken apartment stair or were assaulted where security was lacking, the owner or business in control of the property may be responsible. Montana requires reasonable care, and ice that was visible does not by itself excuse an owner. Most claims must be filed within 3 years.
Hurt in a fall on someone else’s property in Havre or on the Hi-Line? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Why are falls so common in Havre winters?
Havre’s winters are long and hard on walking surfaces. Arctic cold, blowing and drifting snow and chinook wind swings mean snow melts in the afternoon and refreezes as black ice overnight. That freeze-thaw cycle is the pattern behind many premises cases we see: meltwater from a roof or downspout that runs across a sidewalk and freezes, a parking lot plowed into ridges and never sanded, or an entryway with no mat where tracked-in snow turns the floor slick.
Places where these falls tend to happen in and around Havre include:
- Store and restaurant entrances and parking lots along First Street (US-2), where heavy traffic and plowing leave packed snow and ice.
- Apartment complexes and rental houses, where tenants rely on the landlord or a management company to clear common walks, steps and parking areas.
- Health care and care facilities, where patients, visitors and older residents walk from parking areas to entrances.
- Campus walkways and residence halls at Montana State University–Northern.
- Older downtown buildings, where steep stairs, uneven thresholds, loose handrails and poor lighting are common in structures built a century ago.
- Grain elevators, shops and farm businesses, where customers and delivery drivers walk on icy, uneven ground.
Not every fall is about ice. Spills in grocery aisles, torn carpet, missing handrails, unmarked single steps and dark stairwells cause serious injuries year-round.
When is a property owner responsible for a crime on the property?
A property owner can be responsible for an assault on its premises when the harm was reasonably foreseeable and the owner failed to take reasonable security steps. In Montana, whether a duty exists turns largely on foreseeability, along with public-policy considerations (Fisher v. Swift Transportation Co., 2008 MT 105).
In a town Havre’s size, prior incidents at a bar, motel or apartment complex are often well known. Police calls for service, earlier complaints from tenants or guests, broken locks and dark parking areas can all show that an owner knew or should have known the risk. The person who committed the assault remains responsible, but the owner’s liability insurance is often the only realistic source of compensation.
What happens after a slip and fall in Havre?
Report it and get care. Tell the manager, landlord or owner, and ask for a copy of any incident report. Most people are seen first at Northern Montana Hospital in Havre. On the state’s November 2025 list, it is not a designated trauma facility (DPHHS). Hip fractures, head injuries and spinal injuries from falls are often transferred to Great Falls or Billings, so records end up spread across several providers.
Preserve the evidence fast. In Havre, the evidence in an ice case can disappear the same day. A chinook can melt the ice by afternoon, and a plow or a bag of sand can change the scene within hours. Photograph the ice, the downspout, the lighting and the area around it before it changes, and keep your boots as they were. Store video is often recorded over within days or weeks, so we send written preservation demands right away.
Police reports. An assault on premises is usually investigated by the Havre Police Department inside city limits or the Hill County Sheriff’s Office in the county.
Courts. A premises case from Hill County can be filed in the Twelfth Judicial District Court at the Hill County Courthouse, 315 4th Street, Havre (§ 3-5-101, MCA). When the defendant is a national retail or hotel chain from out of state, the case may be removed to the federal Great Falls Division (D. Mont. L.R. 1.2(c)(3)).
Public property. A fall on a city sidewalk, at a county building or at a public school requires written presentation of the claim to the government entity first (§ 2-9-301, MCA).
Montana law that applies
Our Montana premises liability lawyer page explains these rules in depth. In short:
- Every person is responsible for injuries caused by a want of ordinary care in managing their property (§ 27-1-701, MCA).
- Montana abandoned the old “natural accumulation” rule for ice and snow in 1997 (Richardson v. Corvallis Public School District No. 1). The question is whether the owner used reasonable care.
- An open and obvious danger excuses an owner only if the owner should not have anticipated harm (Steichen v. Talcott Properties, LLC, 2013 MT 2). If customers must cross the ice to reach the only door, the owner should expect them to.
- Your recovery is reduced by your share of fault, and barred only if that share is greater than the defendants’ combined fault (§ 27-1-702, MCA).
- Most injury claims must be filed within 3 years (§ 27-2-204, MCA).
- A landowner who allows free recreational use of land owes no duty about its condition except for willful or wanton misconduct (§ 70-16-302, MCA). That rule does not apply to shoppers, tenants, hotel guests or workers.
Why hire a Great Falls firm for a Havre case?
We are based in Great Falls, about 110 miles south on US-87, and we handle cases statewide. For a Havre fall, we come to the property, meet with you and your family, and take depositions and attend hearings in Havre or wherever the case is heard. We have no office in Havre.
The Boland Aarab Way
- We try cases against public entities. A jury returned a $115,000 net verdict for our client in a municipal negligence case (Jack v. City of White Sulphur Springs).
- We know Hi-Line juries. The Montana Supreme Court reinstated a Phillips County jury’s $168,500 verdict for our client on our appeal (Voegel v. Salsbery, 2023 MT 137).
- We try cases. The 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.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves. Both belong to AAJ and MTLA, and Caitlin serves as an AAJ Governor and on the MTLA Board.
Related Havre pages: dog bites · traumatic brain injuries · Havre and Hill County injury lawyers.
Frequently Asked Questions
I slipped on ice outside a Havre store. The ice was obvious. Do I still have a case? Possibly. Montana no longer excuses owners just because ice was natural or visible. If the store should have expected customers to cross it to reach the door, it had to take reasonable steps such as clearing, sanding or salting.
The ice melted before I could take a picture. Is my case over? No. Weather records, store video, employee testimony, snow-removal logs and photos taken by others can show the condition. Ask us to demand the video quickly, before it is recorded over.
My landlord never clears the steps at my Havre apartment. Who is responsible if I fall? A landlord is generally responsible for common areas it controls, such as steps, walks and parking lots. A property manager or snow-removal contractor may share responsibility.
I fell on a city sidewalk in Havre. What is different? Claims against a city, county or school district must first be presented in writing (§ 2-9-301, MCA). The ordinary 3-year deadline still applies, so start early.
Can a Havre bar or motel be responsible for an assault in its parking lot? Yes, if the assault was reasonably foreseeable and the owner failed to take reasonable security measures. Prior incidents and police calls are often the key evidence.
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.
