Premises Liability Lawyers in Missoula

Bradley J. Jones is an experienced Montana personal injury attorney whose practice focuses on representing victims and their families that have been injured as a result of other’s careless conduct, or corporations that put profits over consumer or worker safety. Jones & Cook Attorneys at Law accepts cases statewide in both Montana and North Dakota. Contact us for a free consultation with an experienced attorney, call (406) 543-3800 today.

When you are injured in a Slip-and-Fall Accident, an Assault, any other type of serious accident on someone else’s property, you may be entitled to compensation for your injuries, medical expenses, and damages associated with your injuries. At Jones & Cook Attorneys at Law, our specialized Montana Premises Liability attorneys are dedicated to helping you recover the compensation you are entitled to for your suffering. Our Personal Injury lawyers have an exceptional ability to tell the story of what happened, how it has affected you and your family, and how the entire incident could have been prevented. This personalized approach enables us to present a compelling case before a jury.

The Missoula Premises Liability lawyers at Jones & Cook will work closely with you to learn how your accident has impacted you, and to understand your future needs. Whether you suffered Broken Bones in a Slip or Fall, or suffered severe injuries in a Dog Bite or Animal Attack, we will work diligently to ensure the settlement package or jury verdict fully accommodates your needs.

If you have a legal matter you wish to discuss with one of our attorneys at no charge, please contact us by telephone at (406) 543-3800 for your Free Consultation.

Montana’s Best Premises Liability and Personal Injury Attorneys

Property Injuries In Montana

Montana property owners have a responsibility to keep their real estate safe for individuals who legally allowed to be on the property. When a property owner is negligent, it can lead to serious and Catastrophic Injuries. Under Premises Liability law, property owners can be held financially responsible for injuries that are caused by their negligence. the Montana Premises Liability lawyers at Jones & Cook can advise you of your rights if you have been injured or if a loved one has died on someone else’s property:

Slip and Fall

If a slip or trip and fall accident is caused by wet or slippery floors, defective steps, uneven pavement, or other dangerous walkway condition, our attorneys can demonstrate how the property owner’s negligence led to your injuries.

Fire or Electrocution

Dark parking lots, hotel hallways, parking ramps, and other locations can present considerable risks for patrons if there is inadequate or negligent security. If you have been attacked or suffered sexual assault or rape while on commercial property, we review security policies and determine if inadequate security officers, malfunctioning cameras, poor lighting, or other negligent security is partially to blame.

Inadequate Building Security

Building owners have a duty to act reasonably in securing access to their buildings. Which is why most apartment and office buildings typically provide doormen or secure entries on the first floor and small apartment buildings generally require the tenants to keep the front and back doors locked. If someone not authorized to be on the property, assaults or kills someone inside the building, that person may have a premises liability case against the building owner, if it can be shown that the building owner did not take reasonable steps to secure the building.

School or Playground Accidents

If negligent supervision lead to your child being injured at school, negligent hiring lead to a teacher or school counselor sexually abusing your child, or poor supervision caused your child to suffer serious injuries when using playground equipment, our law firm can investigate whether the school district should be held responsible.

Swimming Pool Accidents

An accident involving a pool usually involves children who are injured in an unsupervised or unsecured pool. If a property owner leaves their pool open and unguarded, they may be responsible in a Premises Liability case.

Property Owner Duty of Care

Like most states, Montana law requires property owners exercise reasonable care in ownership and maintenance of their property, with respect to all persons who might enter onto the property. In Montana all visitors to the property are divided into three categories:


In Montana, an invitee is someone who has the landowner’s express or implied permission to enter the property. Invitees examples include: friends, relatives, and neighbors. By law, a landowner owes an invitee a Duty of Care to keep their property reasonably safe for an invitee.


A licensee is someone who has the landowner’s express or implied permission to enter the property for their own purposes. Licensee examples include: salesmen, workers, or delivery drivers. In this case, a landowner owes the licensee a lesser Duty of Care, warning a licensee if dangerous conditions that create an unreasonable risk of harm exist, such as:

The landowner knows about the condition and
The licensee is not likely to be able to discover it.

A trespasser is a person who is not authorized to be on the property. In most circumstances, most landowners do not owe a Duty of Care to a trespasser unless the trespasser is a child. In which case, a landowner owes a Duty of Care in exercising a reasonable attempt to avoid a foreseeable risk of harm to a child caused by conditions on the property.

Montana Premises Liability Statute of Limitations

Montana Code Annotated section 27-2-204 sets the statute of limitations that will apply to almost all Personal Injury lawsuits stemming from a slip and fall accident in Montana. You have three years to file a Premises Liability suit in Montana state civil court.

If only your personal property was damaged as a result of the slip and fall accident, any lawsuit seeking the repair or replacement of damaged property must be filed within two years of the date of the underlying incident, and that time limit can be found at Montana Code Annotated section 27-2-207.

Call Jones & Cook for a Risk-Free Consultation

Whether you were injured at a grocery store, retail store, mall, parking lot, park, playground, public property, school, restaurant, nightclub, bar, apartment complex, office building or other property owned or managed by another person, at Jones & Cook Attorneys at Law, we may be able to help you pursue a lawsuit to seek compensation for your injuries.

Working with a Missoula Personal Injury lawyer will ensure you have an advocate on your side who knows Montana law and can protect your rights, while navigating the legal system on your behalf. If you have been injured as the result of the negligence of a landowner, call us at (406) 543-3800 for a Free Consultation with Jones & Cook Attorneys at Law.

Frequently Asked Questions

If you’ve sustained an injury and you believe you deserve to be compensated for your expenses a personal injury attorney can advise you on your case and represent you in court. Common injuries that require a personal injury lawyer include: medical malpractice; work related injuries; traffic accidents; falling in a public or private place; repetitive strain injury; bronchial diseases; asbestosis or

Premises Liability claims arise after an injury occurs on someone else’s property.

Negligence, sometimes also called negligent behavior, is most commonly defined as any sort of act carried out without a reasonable amount of care and attention. Negligence can result in injury or bodily harm to other people. When this happens, the victim of the negligent behavior has legal cause to claim compensation for damages.

Always know what caused you to fall. Be aware of your surroundings. If you are unable to say with some degree of certainty what caused you to fall, you almost certainly will not have a case.

Yes. Try to make sure that some type of incident or accident report is filled out by the property owner, immediately after you have fallen. And try your hardest to get a copy of that report for your own records.

The hotel in question may be held responsible if somebody slips or trips on their premises. If somebody slips on a spilled food or drink in a hotel restaurant or bar, or some snow or ice that was not cleared from the walkway, or on the wet floor tiles or other polished surfaces, the hotel may be held responsible when it knew or should have known about the hazard but failed to give warning to their guests or clean the mess. The hotel may also be held accountable when somebody is injured due to a design or building flaws like very steep stairs, or may be due to the failure of the hotel to light the area properly.

If you sustained injuries on someone else’s property, there are various parties who may be responsible. Depending on the circumstances, the property owner, landlord or tenant may be liable for the damages.

If negligence ultimately caused your injuries, the property owner or current occupier could be responsible for covering reasonable medical expenses that you incurred because of your injury. The owner or occupier should have a liability policy with an insurance company, which will cover the damages. It is important to keep in mind that some businesses do not have traditional insurance and instead pay for claims with their own funds.

This depends on the type of case and the damages sustained. If you suffered an injury and require medical treatment, past and future medical treatment, past and future lost wages, and ‘general damages’ are all recoverable.

Yes. Cities and counties are liable for their negligent acts as well as the negligent actions of their employees. However, claims involving cities and counties involve different statutes of limitations.

Yes. It is possible to sue a government or governmental entity for their negligence as well as the negligence actions of their employees. The claims process involving government entities is very different and involves different statutes of limitations than other claims.

Absolutely. In fact, most clients want to avoid going to court. We do our very best to come to a reasonable settlement before filing a lawsuit.

Yes. However, if you later receive a settlement from another party, worker’s compensation may be able to come back to you for any payments that were made by them on your behalf.