Premises Liability Complaint - Montana
MONTANA DISTRICT COURT COMPLAINT — PREMISES INJURY
[NUMBER] Judicial District Court, [COUNTY] County, Montana
| Party | Role |
|---|---|
| [PLAINTIFF FULL NAME] | Plaintiff |
| v. | |
| [DEFENDANT FULL LEGAL NAME] | Defendant |
Cause No.: [________________________________]
Complaint for Personal Injuries and Demand for Jury Trial
Plaintiff alleges as follows:
1. Parties and court
- Plaintiff [PLAINTIFF FULL NAME] resides in [COUNTY AND STATE]. Defendant [DEFENDANT FULL LEGAL NAME] is [INDIVIDUAL OR ENTITY TYPE AND STATE] with an address at [ADDRESS].
- This civil action is within the District Court's original jurisdiction under Mont. Code Ann. § 3-5-302(1)(b).
- This Court has personal jurisdiction under Mont. R. Civ. P. 4(b)(1)(B) because Defendant's acts or omissions described below resulted in the accrual of this tort action in Montana.
- Venue lies in [COUNTY] County under Mont. Code Ann. § 25-2-122(1)(b), (2)(a), or (3)(a), as applicable, because the alleged tort occurred there.
2. Premises, condition, and injury
- At the time of the incident, Defendant [OWNED / LEASED / MANAGED / CONTROLLED] the premises at [PREMISES ADDRESS] in [COUNTY] County, Montana (“Premises”). Defendant's relevant control included [FACTS SHOWING CONTROL OF THE AREA OR ACTIVITY].
- On [__/__/____], Plaintiff was at the Premises for [PURPOSE AND BASIS FOR PRESENCE]. In [EXACT LOCATION], Plaintiff encountered [DESCRIBE SPECIFIC CONDITION OR ACTIVITY THAT CAUSED INJURY].
- Defendant [CREATED THE CONDITION / LEARNED OF IT ON DATE / SHOULD HAVE DISCOVERED IT BECAUSE OF SPECIFIC FACTS]. Defendant failed to [DESCRIBE REASONABLE INSPECTION, REMOVAL, REPAIR, CONTROL, OR WARNING SUPPORTED BY FACTS].
- The condition or activity caused [DESCRIBE EXACT INJURY EVENT]. Plaintiff sustained [DESCRIBE INJURIES], required [TREATMENT], and incurred [MEDICAL EXPENSES], [LOST INCOME], [PROPERTY LOSS], and [OTHER PROVABLE HARM].
3. Claim for relief — negligence
- Plaintiff incorporates paragraphs 1 through 8. Under Mont. Code Ann. § 27-1-701, Defendant was required to use ordinary care in managing property and conduct under Defendant's control. Defendant failed to use that care in the manner described above.
- Defendant's failure caused Plaintiff's injuries and losses. Plaintiff seeks compensatory damages in amounts proved at trial.
- If comparative negligence is established, Plaintiff requests application of Mont. Code Ann. § 27-1-702. Plaintiff alleges that any negligence attributable to Plaintiff was not greater than Defendant's negligence; any reduction must reflect the percentage of Plaintiff's negligence found by the trier of fact.
4. Demand for relief
Plaintiff requests judgment against Defendant for compensatory damages proved at trial, costs and interest to the extent allowed by law, and other relief the Court finds proper on these allegations.
5. Jury demand
Under Mont. R. Civ. P. 38(b), Plaintiff demands a jury trial on every issue triable of right by a jury. Plaintiff will serve and file this written demand as Rule 38 requires.
Dated: [__/__/____]
___________________________________________
[ATTORNEY NAME], Montana Bar No. [________]
[LAW FIRM, IF ANY]
[ADDRESS]
[EMAIL]
[PHONE]
Attorney for Plaintiff
About this template
- Last updated
- October 15, 2026
- Citations checked
- October 15, 2026
- Jurisdiction
- Montana
- Category
- Personal Injury
Legal authority
- Mont. Code Ann. § 3-5-302(1)(b) (district court civil jurisdiction)
- Mont. Code Ann. § 25-2-122 (tort venue)
- Mont. Code Ann. § 27-1-701 (ordinary care in management of property)
- Mont. Code Ann. § 27-1-702 (comparative negligence)
- Mont. R. Civ. P. 4(b)(1)(B) (Montana tort personal jurisdiction)
- Mont. R. Civ. P. 8(a) (claim for relief)
- Mont. R. Civ. P. 11(a) (signature and verification)
- Mont. R. Civ. P. 38(b) (jury demand)
Personal injury cases are brought by people who were hurt because of someone else's carelessness: car crashes, slip and falls, defective products, and more. Demand letters, settlement agreements, and court filings in these cases have to document the injuries, the medical treatment, the lost income, and the exact legal basis for holding the other side responsible. Well-prepared paperwork is what drives higher settlements and forces insurers to take the claim seriously.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 15, 2026.
Mont. Code Ann. § 3-5-302(1)(b) (checked October 15, 2026): "The district court has original jurisdiction in: (a) all criminal cases amounting to felony; (b) all civil and probate matters;"
Mont. Code Ann. § 25-2-122 (checked October 15, 2026): "Except as provided in subsections (2) through (4), the proper place of trial for a tort action is: (a) the county in which the defendants or any of them reside at the commencement of the action; or (b) the county in which the tort was committed."
Mont. Code Ann. § 25-2-122(2)(a) (checked October 15, 2026): "Except as provided in subsection (4), if the defendant is a corporation incorporated in a state other than Montana, the proper place of trial for a tort action is: (a) the county in which the tort was committed;"
Mont. Code Ann. § 25-2-122(3)(a) (checked October 15, 2026): "Except as provided in subsection (4), if the defendant is a resident of a state other than Montana, the proper place of trial for a tort action is: (a) the county in which the tort was committed;"
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