Helena, MontanaHelena Premises Liability
Helena Premises Liability Lawyers: Slip and Fall, Icy Sidewalk and Negligent Security Claims in Lewis and Clark County
Boland Aarab PLLP.
If you fell on ice, a wet floor or a broken stair at a Helena store, apartment or office, the owner or business in control of that property may owe you compensation. Montana no longer excuses owners just because snow was natural or a hazard was visible. A Helena case is filed in the First Judicial District Court, generally within 3 years.
Key Takeaways
Hurt in a fall on someone else’s property in Helena? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Why are falls so common on Helena property?
Helena sits at about 4,000 feet on the east side of the Continental Divide, and its winters bring repeated freeze-and-thaw cycles. Snow melts off a roof or awning in the afternoon sun, runs across a walkway, and refreezes after dark. That pattern, not the storm itself, causes many of the falls we see: at shaded building entrances, at the bottom of downspouts, in parking lots that were plowed but never sanded, and on apartment steps that no one owns responsibility for.
The city’s layout adds to it. Much of central Helena is built on hillsides, and older neighborhoods around the Capitol, the Mansion District and the downtown gulch have steep sidewalks, uneven brick and stone steps, and century-old buildings with narrow stairways. A stair tread that has worn smooth over decades, a handrail that stops short, or a basement entrance with poor lighting can be a hazard the owner has known about for years.
Helena’s snow code. Helena requires every owner of property abutting a paved or brick public sidewalk to clear snow and ice from the sidewalk, the adjoining curb ramps and the driveway aprons pedestrians must cross. In residential areas, that must happen within 24 hours after snowfall stops. In the B-2 and B-3 commercial districts the deadline is much shorter, generally by 9:00 a.m. the next business day or within four business hours, whichever comes first (Helena City Code § 7-8-1). Whether a violation of that ordinance, by itself, creates a claim for a pedestrian who falls is a separate legal question. But it describes what the city expects of owners, and it is often useful evidence.
Businesses and rentals. Grocery and big-box stores along North Montana Avenue and Custer Avenue, the downtown businesses on Last Chance Gulch, apartment complexes across the Helena Valley, and hotels near the I-15 interchanges all control entrances and lots where customers and tenants have no choice but to walk.
Negligent security. An apartment complex, motel or bar can be responsible for an assault on its property when the harm was foreseeable and the owner failed to take reasonable security steps, such as repairing broken locks and lighting or responding to prior incidents.
What happens after a slip and fall in Helena?
Report it and get care. Tell the manager or landlord and ask for a copy of any incident report. Serious fall injuries in the Helena area are usually treated at St. Peter’s Health on Broadway, which DPHHS designates a State Area Trauma Hospital. Hip fractures, wrist fractures and head injuries are common, especially for older adults.
Preserve the evidence fast. Ice melts, floors are mopped, and store video is often recorded over within days. Photograph the hazard and your shoes. We send written preservation demands for video, maintenance and snow-removal logs, and contracts with plowing or janitorial companies.
Public property is different. A fall on a City of Helena sidewalk, at a Lewis and Clark County building or on the State Capitol campus is a claim against a government entity. Claims against the State go first to the Department of Administration, and claims against a city or county must be presented to its clerk (§ 2-9-301, MCA). Damages against government entities are capped.
The courthouse. If the claim does not resolve, it is filed in the First Judicial District Court, which serves Lewis and Clark and Broadwater Counties (§ 3-5-101(1), MCA), at the Lewis and Clark County Courthouse, 228 Broadway. If the owner is an out-of-state corporation, such as a national retail or property-management chain, it may remove the case to the federal Helena Division at the Paul G. Hatfield Federal Courthouse, 901 Front Street (D. Mont. L.R. 1.2). Montana premises law still governs.
Montana law that applies
In brief: Montana owners owe people lawfully on their property a duty of reasonable care, regardless of whether the visitor is a customer, tenant or guest. In Steichen v. Talcott Properties, a Great Falls case, the Montana Supreme Court held that an open and obvious hazard excuses the owner only if the owner should not have anticipated the harm (2013 MT 2). Trespassers and free recreational users are covered by narrower rules (§ 27-1-708; § 70-16-302, MCA). Your recovery is reduced by your share of fault and barred only if it is greater than the defendants’ combined (§ 27-1-702, MCA). Most claims must be filed within 3 years (§ 27-2-204, MCA). Our Montana premises liability lawyer page covers negligent security and who can be responsible in more depth.
Why hire a Great Falls firm for a Helena case?
Because fall cases are won on evidence gathered in the first weeks and on the insurer’s belief that the case will be tried. We are based in Great Falls, about 90 minutes up I-15, and we handle cases statewide. Our attorneys come to Helena to inspect the property, take depositions, attend hearings and try the case. We do not have a Helena office; you work directly with the attorneys by phone, video or in person.
The Boland Aarab Way
- We try cases against government. 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 our client’s $168,500 jury verdict in Voegel v. Salsbery, 2023 MT 137.
- 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 know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana.
We also handle dog bite cases in Helena, brain injury cases in Helena and other Helena personal injury cases.
Frequently Asked Questions
I slipped on an unshoveled sidewalk in Helena. Who is responsible? It depends on who controlled the sidewalk and what caused the ice. Helena’s code puts the clearing duty on the abutting owner (§ 7-8-1), and a business, landlord or snow-removal contractor may share responsibility.
What if I fell on the Capitol grounds or at a state office building in Helena? You may have a claim against the State, but it must first be presented in writing to the Department of Administration (§ 2-9-301, MCA). State damages are capped, so talk with a lawyer early.
The ice was obvious. Can I still bring a claim? Often, yes. If the owner should have expected people to cross it anyway, such as at the only entrance, the owner had to take reasonable steps (Steichen, 2013 MT 2). The obviousness may reduce your share, not end the claim.
Where would my Helena fall case be filed? In the First Judicial District Court at the Lewis and Clark County Courthouse. An out-of-state corporate owner may move it to the federal Helena Division at the Hatfield Courthouse.
How quickly should I act after a fall at a Helena business? Right away. Store video may be erased within days, and the ice or spill will be gone. The filing deadline is generally 3 years, but the evidence will not wait that long.
Talk to a Helena Premises Liability Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: § 27-1-701, MCA · § 27-1-702, MCA · § 27-1-708, MCA · § 70-16-302, MCA · § 27-2-204, MCA · § 2-9-301, MCA · § 3-5-101, MCA · Richardson v. Corvallis Pub. Sch. Dist. No. 1 (1997) · Steichen v. Talcott Properties, 2013 MT 2 · Helena City Code § 7-8-1 · D. Mont. L.R. 1.2
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
