Premises Liability Complaint - Montana

PREMISES LIABILITY COMPLAINT — MONTANA

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Duty of Care — Visitor Status
6. First Cause of Action — Negligence (Premises Liability)
7. Second Cause of Action — Failure to Warn
8. Third Cause of Action — Negligent Maintenance
9. Damages
10. Jury Demand
11. Prayer for Relief
12. Verification
13. State-Specific Notes
14. Sources and References

1. CAPTION

MONTANA [____] JUDICIAL DISTRICT COURT

[COUNTY NAME] COUNTY

2. PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [CITY/TOWN], [COUNTY] County, Montana.

2. Defendant [DEFENDANT FULL NAME] ("Defendant") is [an individual residing in / a corporation organized under the laws of / a limited liability company formed under the laws of] [STATE], and at all relevant times was the [owner / lessee / occupier / manager] of the real property located at [PROPERTY ADDRESS], [CITY/TOWN], [COUNTY] County, Montana (the "Premises"). Defendant may be served with process at [ADDRESS FOR SERVICE].

3.

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to Mont. Const. art. VII, § 4 and Mont. Code Ann. § 3-5-302.

5. Venue is proper in [COUNTY] County pursuant to Mont. Code Ann. § 25-2-118 because [the cause of action arose in this county / Defendant resides in this county].

4. FACTUAL ALLEGATIONS

6. At all relevant times, Defendant [owned / leased / occupied / managed / controlled] the Premises located at [PROPERTY ADDRESS], [CITY/TOWN], Montana [ZIP CODE].

7. On or about [DATE OF INCIDENT], Plaintiff was [lawfully present on / entering / exiting] the Premises for the purpose of [PURPOSE OF VISIT].

8. At the time of the incident, there existed on the Premises a dangerous condition, specifically: [DESCRIBE DANGEROUS CONDITION IN DETAIL].

9. Defendant had [actual / constructive] knowledge of the dangerous condition because:

☐ Defendant created the dangerous condition.

☐ Defendant had actual knowledge of the condition through [DESCRIBE].

☐ The condition existed for a sufficient period of time that Defendant, in the exercise of reasonable care, should have discovered it.

☐ The condition was part of a recurring hazard known to Defendant.

10. As a direct result of the dangerous condition, Plaintiff [DESCRIBE INCIDENT] and sustained serious injuries.

5. DUTY OF CARE — UNIFORM REASONABLE CARE STANDARD

11. At the time of the incident, Plaintiff was lawfully present on the Premises for the purpose of [DESCRIBE PURPOSE].

12. Montana has abolished the common-law invitee/licensee/trespasser classifications and instead imposes on every owner or possessor of property a single, uniform duty of reasonable care owed to all persons foreseeably on the property, regardless of their status. Richardson v. Corvallis Pub. Sch. Dist. No. 1, 286 Mont. 309, 950 P.2d 748 (1997); Mont. Code Ann. § 27-1-701. That duty requires Defendant to warn of (a) hidden or lurking dangers of which Defendant knew or should have known, and (b) open and obvious dangers that Defendant should have anticipated would cause harm notwithstanding their obviousness. Richardson, 286 Mont. at 321, 950 P.2d at 755-56.

6. FIRST CAUSE OF ACTION — NEGLIGENCE (PREMISES LIABILITY)

(Against [DEFENDANT NAME])

13. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 12 above.

14. Defendant breached the duty of care by [failing to maintain the Premises / failing to inspect / failing to repair / failing to warn]. Mont. Code Ann. § 27-1-701.

15. Defendant's breach was a proximate cause of Plaintiff's injuries and damages.

7. SECOND CAUSE OF ACTION — FAILURE TO WARN

(Against [DEFENDANT NAME])

16. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

17. Defendant knew or should have known of the dangerous condition.

18. Defendant failed to provide adequate warning to Plaintiff.

19. Defendant's failure to warn was a proximate cause of Plaintiff's injuries.

8. THIRD CAUSE OF ACTION — NEGLIGENT MAINTENANCE

(Against [DEFENDANT NAME])

20. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

21. Defendant had a duty to properly maintain the Premises.

22. Defendant negligently failed to perform required maintenance, specifically [DESCRIBE].

23. Defendant's negligent maintenance was a proximate cause of Plaintiff's injuries.

9. DAMAGES

24. As a proximate result of Defendant's negligence, Plaintiff has suffered the following damages:

a. Medical Expenses: Past and future reasonable and necessary medical expenses.

b. Lost Wages and Earning Capacity: Past and future loss of wages and earning capacity.

c. Physical Pain and Suffering: Past and future physical pain and suffering.

d. Mental Anguish: Past and future mental anguish and emotional distress.

e. Physical Impairment: Past and future physical impairment and disability.

f. Disfigurement: Past and future disfigurement.

g. Loss of Consortium: [IF APPLICABLE — Loss of consortium.]

10. JURY DEMAND

25. Plaintiff hereby demands a trial by jury on all issues triable by jury.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendant as follows:

1. Economic damages in an amount to be determined at trial;
2. Non-economic damages (pain and suffering, mental anguish, loss of enjoyment of life, physical impairment, disfigurement, loss of consortium) in an amount to be determined at trial — Montana imposes no general statutory cap on non-economic damages in ordinary tort actions;
3. Pre-judgment and post-judgment interest;
4. Costs and disbursements of this action;
5. Such other and further relief as the Court deems just and equitable.

Respectfully submitted,

[LAW FIRM NAME]

By: ________________________________________
[ATTORNEY NAME], MT Bar No. [NUMBER]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY/TOWN], Montana [ZIP CODE]
Telephone: [PHONE]
Email: [EMAIL]
Attorney for Plaintiff [PLAINTIFF NAME]

12. VERIFICATION

STATE OF MONTANA
COUNTY OF [COUNTY NAME]

I, [PLAINTIFF FULL NAME], being first duly sworn, depose and say that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge and belief.

________________________________________
[PLAINTIFF FULL NAME]

SUBSCRIBED AND SWORN TO BEFORE ME on [DATE].

________________________________________
Notary Public for the State of Montana
My Commission Expires: [DATE]

13. STATE-SPECIFIC NOTES

Visitor Classifications. Montana has ABOLISHED the traditional invitee/licensee/trespasser framework. Since Richardson v. Corvallis Pub. Sch. Dist. No. 1, 286 Mont. 309, 950 P.2d 748 (1997), every owner or possessor of property owes a single, uniform duty of reasonable care to all persons foreseeably on the property, regardless of visitor status, including a duty to warn of hidden/lurking dangers and of open and obvious dangers the owner should anticipate will cause harm.

Modified Comparative Negligence (51% Bar). Under Mont. Code Ann. § 27-1-702, a plaintiff's recovery is barred if the plaintiff's negligence is 51% or more of the combined negligence. If 50% or less, damages are reduced proportionally.

Three-Year Statute of Limitations. Mont. Code Ann. § 27-2-204(1) generally prescribes three years for a liability not founded on a writing. Section 27-2-102 generally starts the period on accrual, not mechanically on the injury date, and limits discovery postponement to its concealed-facts conditions.

Non-Economic Damages Cap. No general statutory cap was identified for noneconomic damages in an ordinary private premises action. Mont. Code Ann. § 25-9-411 applies only to medical-malpractice noneconomic damages and does not govern this claim. The cap at Mont. Code Ann. § 27-1-220 is for PUNITIVE damages — not noneconomic — and limits punitive awards to the lesser of $10 million or 3% of the defendant's net worth.

Government Claims. Claims against the State of Montana require compliance with Mont. Code Ann. § 2-9-101 et seq.

Recreational Use Immunity. Mont. Code Ann. § 70-16-301 et seq. provides immunity for landowners who permit recreational use of their property without charge.

14. SOURCES AND REFERENCES

• Mont. Code Ann. § 27-1-701 — Negligence defined
• Mont. Code Ann. § 27-1-702 — Comparative negligence
• Mont. Code Ann. § 27-2-204 — Three-year statute of limitations
• Mont. Code Ann. § 27-1-220 — Punitive damages cap (lesser of $10 million or 3% of defendant's net worth)
• Mont. Code Ann. § 25-9-411 — Medical malpractice non-economic damages cap (not applicable to general premises liability)
• Mont. Code Ann. § 70-16-301 et seq. — Recreational use immunity