Montana Complaint for Fall On Stairs

State:
Multi-State
Control #:
US-0598-WG
Format:
Word; 
Rich Text
Instant download

Description

This form is a Complaint for a fall on a set of stairs.
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FAQ

The first thing you need to do after a fall is work out if you're hurt. Take a few minutes to check your body for any pain or injuries, then: if you're not hurt, try to get up from the floor. if you're hurt or unable to get off the floor, call for help and keep warm and moving as best you can while you wait.

To be eligible to make a slip and trip claim, you will need to prove that the occupier of the space failed to comply with their duty of care and you were injured as a result. For example, you may suffer an injury in a pavement accident if ice is not cleared or if the pavement is not gritted.

Montana law establishes a three-year time limit on settling a claim or filing a civil lawsuit against the property owner. This statute of limitations begins as of the date of the slip and fall.

This is a legal obligation derived from the Health and Safety at Work Act 1974. As such, if you have fallen down a flight of stairs in the workplace, you could be compensated if: Your employer has failed to uphold their duty of care i.e. they've been negligent. You fell down the stairs as a result of their negligence.

Montana statute of limitations law When filing a personal injury claim in Montana, tort law states that you must bring the case within 3 years of your injury. That time limit accounts for most injuries, but there are some exceptions which actually have shorter time limits.

Premises liability describes legal claims that can result from a dangerous condition on another person or business's property. The most common claims are slips and falls; however, many aspects can fall under this element of the law.

Sometimes, the fall is just an accident. Other times, the fall is the result of negligent maintenance of the stairs, a dangerous condition on the stairs, or a slippery substance on the stairs.

Failure to properly clear stairs of snow and ice in the wintertime can make someone liable for an accident that occurs on their steps. Property owners are responsible for clearing their own steps. As long as they're aware that the hazard is present, they can be considered liable.

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Montana Complaint for Fall On Stairs