Montana Premises Liability Settlement Calculator

Montana uses a 51% fault threshold for premises liability claims. You can recover compensation as long as you are no more than 50% at fault — even in a perfectly even 50/50 split, you still receive half your damages. This is more permissive than states using a 50% bar, where equal fault results in zero recovery.

The statute of limitations for this type of claim in Montana is 3 years — in line with the national average of 2.7 years. This is a standard timeframe, but acting sooner preserves evidence and strengthens your position.

Montana follows the traditional invitee/licensee/trespasser framework for premises liability. The duty owed varies by category: business invitees are protected from all hazards the owner knew or should have known about; social guests are protected from known hazards; and trespassers receive the most limited protection. A slip-and-fall at a grocery store, for example, is evaluated very differently than the same fall at a friend's home.

To win a Montana slip-and-fall or hazard-based premises case, you generally must prove the property owner had actual or constructive notice of the dangerous condition. Constructive notice means the hazard existed long enough that a reasonable owner exercising reasonable care would have discovered it. Evidence of the condition's duration — timestamps on security footage, maintenance logs, witness accounts — is frequently decisive in Montana premises cases.