When you step onto someone else’s property, whether it’s a friend’s home, a local business or a public park, you expect to be safe. Unfortunately, that is not always the case. Accidents happen, and sometimes these accidents result from unsafe conditions that could have been prevented by the property owner. However, there are instances that can hold you partially to blame for your injuries.
If this is the case, can you still file a case against the property owner?
Montana’s rule on negligence
If you are confused about your situation, it is best to first understand how negligence plays a significant part in your determination. States apply different rules on negligence in personal injury cases. In Montana, courts follow a modified comparative negligence rule, which means as long as you are not more at fault than the other party involved, you can recover damages.
However, the court will reduce the amount of compensation you can receive by your percentage of fault. For example, if the court finds you to be 30 percent at fault for your injuries and the total damages were $100,000, you can only recover 70 percent of the damages, or $70,000.
If the judge finds you to be 51 percent or more at fault for the accident, you will not be able to recover any compensation under the state’s applicable negligence rule.
Before you file a lawsuit
If you suffered severe injuries in another person’s property and are considering pursuing a premises liability lawsuit, it can be beneficial to initially consult with a personal injury attorney who can help assess the specifics of your case and guide you through the legal process.
