Injuries from slipping and falling on someone else’s property can be quite serious, leaving you with high medical bills and unable to work.
A personal injury lawsuit after a slip and fall accident is based on negligence. If you believe someone else’s negligence, such as the property owner, caused your accident, you could potentially recover various economic and non-economic damages.
Proving negligence
First, you must prove negligence. You must show that the property owner had a legal duty to ensure the safety of individuals who are on their property.
They owed this duty to you if you were lawfully present on the property. If you were a trespasser, you may lose your right to recover damages.
If you were legally present on the property, you must show the property owner breached the standard of care owed to you. Breaches come in different forms, such as not putting salt down on ice, leaving a spill on the floor or not providing adequate security in a high-crime location.
Next, you must show the breach caused your injury. The final piece is proving damages. You must have sustained actual damages in the situation.
Economic and non-economic damages
Economic damages include relatively easily documented losses, such as medical expenses and lost wages. Non-economic damages include losses that are more difficult to document, such as pain and suffering or emotional distress.
Proving your damages requires producing documentation to back up your claim. Documentation for economic damages can include medical records, medical receipts and employment records such as paystubs.
Non-economic damages can be proved through records from a therapist or psychologist or witness testimony. Your family members or friends could also testify about changes in your behavior since the accident or how you are unable to engage in activities that you once enjoyed.
Comparative negligence
Montana follows a comparative negligence rule. Your damages will be reduced based on your own percentage of negligence. For example, if you request $100,000 and are found to be 20% negligent, your recovered damages will be $80,000.
Property owners should be held liable for failing to uphold their duty under the law. When you are injured in a slip and fall, it is important to act quickly and exercise your rights.
