Missoula, MontanaMissoula Premises Liability
Missoula Premises Liability Lawyers: Slip and Fall, Icy Sidewalk and Negligent Security Claims in Missoula County
Boland Aarab PLLP.
If you were hurt in a fall at a Missoula store, apartment, parking lot or public building, the owner or business in control of the property may be responsible. Montana requires owners to use reasonable care, and ice that “anyone could see” does not automatically excuse them. Most claims must be filed within three years, but the evidence disappears much sooner.
Key Takeaways
- Owners are responsible for injuries caused by a want of ordinary care in managing their property (§ 27-1-701, MCA).
- Montana abandoned the old “natural accumulation” defense for ice and snow in 1997 (Richardson v. Corvallis Public School District No. 1), a case from the Bitterroot just south of Missoula.
- Missoula’s city code requires property owners to clear adjacent sidewalks of snow and ice within 24 hours after a snowfall (City of Missoula).
Hurt in a fall on someone else’s property in Missoula? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do falls happen in Missoula, and why?
Missoula’s winters create a particular kind of fall. The valley sits low between mountain ranges, and Missoula Public Health notes that winter temperature inversions that trap cold air and pollution near the valley floor are common (Missoula Public Health). Days of gray, near-freezing weather mean snow melts at midday and refreezes into glaze by evening. Meltwater from a roof or downspout can run across a walkway and turn to ice after dark.
The claims we see from Missoula tend to arise in a few settings:
- Business entrances and parking lots. The big-box and shopping corridor along Reserve Street and the stores and restaurants downtown see heavy foot traffic in every kind of weather. Plowed snow piled at the edge of a lot can melt and refreeze across the path customers must walk.
- Rental housing. Missoula has a large renter population, including thousands of students near the University of Montana. Landlords are generally responsible for common areas they control: exterior stairs, walkways, parking areas and lighting.
- Sidewalks. Under Missoula Municipal Code 12.16.30, property owners must clear the sidewalks next to their property of snow and ice within 24 hours after a snowfall, and the city can hire a contractor and bill owners who do not (City of Missoula, Sidewalk Snow Removal). Whether a violation makes an owner liable to someone who falls is a separate legal question, but the ordinance shows what the community expects of owners.
- Indoor hazards. Wet entry floors, loose stair treads, missing handrails, poor lighting and unmarked steps cause falls in every season.
- Negligent security. Apartment complexes, hotels, bars and parking areas can be responsible for a foreseeable assault when locks, lighting or security were inadequate.
What happens after a slip-and-fall in Missoula?
Medical care. Falls often cause hip, wrist and ankle fractures, shoulder and knee injuries, and head injuries. Seriously injured people are usually treated at Providence St. Patrick Hospital, the region’s ACS Level 2 / State Regional Trauma Hospital, or Community Medical Center (DPHHS trauma facility list). Tell every provider exactly how you fell.
Reporting. Report the fall to the manager, landlord or owner and ask for a copy of the incident report. Most falls are not police matters, but if an assault was involved, the Missoula Police Department handles it inside city limits and the Missoula County Sheriff’s Office outside them.
Preserving evidence. Photograph the ice, the spill or the broken step before it changes. Missoula weather can erase an icy patch in an afternoon, and store cameras are often recorded over within days or weeks. We send a written preservation demand for video, maintenance logs, snow-removal contracts and incident reports.
Which court. A lawsuit can be filed in the Fourth Judicial District Court, which serves Missoula and Mineral Counties, at the Missoula County Courthouse, 200 West Broadway (Missoula County District Court). When the property owner is a national retailer or property company incorporated elsewhere, it may remove the case to the U.S. District Court’s Missoula Division at the Russell Smith Federal Courthouse, 201 East Broadway (U.S. District Court, Missoula). Montana law still decides fault and damages there.
What if I fell on public property in Missoula?
You may still have a claim, but the rules are different. Missoula has three kinds of public property owners you are likely to encounter:
- The City of Missoula, for city buildings, parks and some sidewalks;
- Missoula County, for county buildings and facilities; and
- The State of Montana, which includes the University of Montana campus and state offices.
Claims against the State must be presented in writing to the Department of Administration before suit, and claims against a city or county must be presented to its clerk (§ 2-9-301, MCA). Figuring out which entity controls a particular sidewalk, stair or parking lot is one of the first things we do.
Montana law that applies
- Reasonable care, not visitor labels. Montana does not sort most visitors into “invitees” and “licensees”; the owner’s duty is reasonable care (Steichen v. Talcott Properties, LLC, 2013 MT 2).
- Ice and snow. Richardson arose from a fall on a snow-packed path at a Corvallis school in Ravalli County. The Court abolished the natural-accumulation defense, although the plaintiff in that case still lost on the facts.
- Open and obvious. A visible hazard excuses the owner only if the owner should not have anticipated harm (Steichen).
- Shared fault: you can recover if your share of fault is not greater than that of those responsible (§ 27-1-702, MCA).
- Deadline: generally 3 years (§ 27-2-204, MCA).
For negligent security, trespasser rules and more, see our Montana premises liability lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and handle premises liability cases statewide. A fall case is won with prompt evidence, careful medical proof and a willingness to try the case, not a local address. Our attorneys travel to Missoula for inspections, depositions, hearings and trial, and much of the early work, including preservation letters and records requests, happens without you needing to travel.
The Boland Aarab Way
- We try cases. Our firm has tried more than a dozen jury trials, 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 in Voegel v. Salsbery, 2023 MT 137.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle Missoula dog bite and Missoula brain injury cases, and other Missoula personal injury claims.
Frequently Asked Questions
Can I sue if I slipped on ice in a Missoula parking lot? Yes, if the owner failed to use reasonable care to deal with the ice. Montana no longer protects owners simply because the ice formed naturally or was visible.
Who is responsible for an icy sidewalk in Missoula? City code requires the owner of the adjacent property to clear snow and ice within 24 hours after a snowfall. A business or landlord that controls the walkway may also be responsible for a fall there.
I fell on the University of Montana campus. Can I bring a claim? Possibly. The university is part of the State, so the claim must first be presented in writing to the Department of Administration, and other rules for government claims apply.
My landlord never salts the stairs at my Missoula apartment. What should I do if I fall? Get medical care, photograph the stairs right away, and report the fall to the landlord in writing. A landlord is generally responsible for common areas it controls.
Will my Missoula fall case be in state or federal court? It usually starts in the Fourth Judicial District Court in Missoula. A national store incorporated in another state may move it to the federal courthouse on East Broadway.
Talk to a Missoula 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.
