High Impact
Montana Premises Liability and Equitable Estoppel: Lessons from D’Hooge v. The Tire Guys
The case highlights insurer conduct and evidence preservation. Following a slip-and-fall in Missoula, disputes arose over “spoliation by proxy” after the insurer allegedly advised the plaintiff to halt evidence gathering. This case reinforces MCA § 27-1-701 and the doctrine of equitable estoppel.
Bozeman Streetlight Case: Redefining Public Property Maintenance
The litigation examines whether a non-functioning streetlight constitutes a “premises” defect. While shielded by the “public duty doctrine” at the District level, the appeal could expand the definition of premises safety for Montana municipalities.
$1M Settlement in Roosevelt County
A policy-limits settlement underscores the non-delegable duty of industrial site controllers to enforce strict safety protocols during inherently dangerous activities.
Shahood v. Butte-Silver Bow
Reinforcing the “reasonable care” standard for public entities, the Supreme Court affirms that budget constraints do not excuse maintenance failures.
$11M Construction Site Landmark
Representing the highest single-plaintiff recovery in MT, this settlement emphasizes the “Safe Place to Work” doctrine for project managers.
Disclaimer: The premises liability summaries provided above are for informational purposes based on public news records available for Montana (MT). The information provided is gathered from public news sources. It does not constitute legal advice. For specific legal guidance regarding an incident, please consult with a qualified professional.
