Snow, Ice and Slip-and-Fall Liability for Montana Property Owners

Is a Montana property owner liable if someone slips on ice?

There is no one-line answer, and anyone giving you one is guessing. The starting point in the statutes is general and not about snow at all. Section 27-1-701 of the Montana Code Annotated says that, except as otherwise provided by law, each person is responsible not only for willful acts but also for an injury to another caused by the person's want of ordinary care or skill in the management of the person's property or person, except so far as the injured person has willfully or by want of ordinary care brought the injury on themselves.

Two ideas are in that sentence: ordinary care in managing property, and the injured person's own conduct. The section does not mention ice, snow, weather or sidewalks. How courts apply it to a fall on winter ice is a question of case law, and this article does not cover case law. If that question matters to you, it is the first thing to ask an attorney.

What does comparative negligence mean in Montana?

Section 27-1-702 addresses what happens when the injured person shares some of the fault. In the version of the section currently in effect, contributory negligence does not bar recovery if it was not greater than the negligence of the person, or the combined negligence of all persons, against whom recovery is sought. Any damages must be reduced in proportion to the percentage of negligence attributable to the person recovering.

In plain terms, the statute describes a sharing of fault by percentage, and a person found more at fault than those they are suing does not recover under that language. The Code shows an alternate version of the section that takes effect only on a stated contingency, so read the current text or ask an attorney if the details matter. How fault would be divided after a specific fall is not something a statute can tell you in advance.

Does it matter if the sidewalk is public?

It can matter for your duties, whatever it means for liability. The City of Missoula says property owners are responsible for making sure the sidewalks adjacent to their property are clear of snow and ice, and that Missoula municipal code (MMC 12.16.30) requires residents to clear sidewalks of snow and ice within 24 hours following a snowfall. The rule covers ice as well as snow. Our guide to Missoula sidewalk snow removal rules goes through the page in detail, including the complaint process.

We have not read anything saying whether breaking that rule creates liability to someone who falls, and we will not guess. Outside Missoula, check with your own town or county, because the Missoula rule is written for Missoula. Many rural properties in the Bitterroot have no sidewalk at all, and the question shifts to the drive and the path to the door.

Who is responsible at a rental: the landlord or the tenant?

Montana's Residential Landlord and Tenant Act speaks to this in general terms, and it is worth reading if you own a rental. Section 70-24-303 says a landlord shall keep all common areas of the premises in a clean and safe condition. Section 70-24-321 says a tenant shall keep that part of the premises the tenant occupies and uses as reasonably clean and safe as the condition of the premises permits. Neither section mentions snow, so whether a particular walk or set of steps is a common area or falls to the tenant is a question for the lease and an attorney.

Section 70-24-303 also limits how duties can be handed over. A landlord and tenant may agree that the tenant performs specified repairs or maintenance tasks only if the agreement is in good faith and not for the purpose of evading the landlord's obligations, is set out in a separate writing signed by the parties and supported by adequate consideration, and does not diminish the landlord's obligation to other tenants, among other conditions. If your snow clause is one line in a lease, have an attorney look at it against that text.

The City of Missoula tells renters to check their rental agreement or ask their landlord whether they are responsible for clearing the sidewalks around their rental. Tenants and owners should both read the lease before the first storm, not after. Commercial leases are a separate subject, and we have not read a statute on them for this article.

Does hiring a snow contractor transfer the liability?

That is a legal question and the answer depends on the contract, the facts and Montana law, so ask your attorney and your insurer before you assume it either way. What we can tell you is what a good contract should make clear from the operations side: exactly which surfaces are covered, what triggers a visit, who handles ice between visits, and what the property owner remains responsible for.

Read the indemnification and insurance language with care, and do not sign something you do not understand. Our articles on snow contract terms and insurance questions to ask a snow contractor cover what to ask. A contractor's written scope is a useful document in any case, because it replaces assumptions with something both sides can read. For a property manager, the same thinking is laid out in our winter checklist for property managers.

Do employers have separate duties for snow and ice?

Federal workplace safety guidance adds another layer for anyone with employees on site. OSHA's winter weather hazards page says employers should clear walking surfaces of snow and ice, and spread deicer, as quickly as possible after a winter storm, and it tells workers to wear proper footwear when walking on snow or ice is unavoidable. A business with a staff entrance should read that page and treat it as part of its winter plan, separately from any question about customers or visitors.

What can a property owner do to reduce the risk of a fall?

This part is practical, and it is what we know from doing the work. Most of it comes down to understanding that snow and ice are different problems. Snow arrives with the storm and ice arrives with the thaw, so a walk that was clear at noon can be slick at dusk when meltwater refreezes. Our article on black ice on driveways and walks explains why.

Start by finding where ice forms on your property. Check the low points where water collects, the shaded side of the building, the ground under downspouts, and anything downhill of a snow pile. Fix what you can in the fall: extend a downspout away from the walk, and plan where the snow will pile so meltwater does not cross a path. Under an eave, also consider icicles and roof snow slides, which are a hazard of their own.

Then treat the surfaces people actually use. Clear down to the surface where you can, handle the steps and landings, and put down sand or a thin melting product where refreeze is likely. Light the path. Keep a handrail free of snow. Put a mat inside the door so wet shoes do not create the next slip. None of this guarantees that no one will fall, and none of it is a legal standard. It is simply what a careful owner does.

Should you keep records of snow removal?

Many owners do, and it is a sensible habit, though what a given record is worth in a dispute is a question for an attorney. A simple log can show the date and time of clearing, what was treated, the weather, and who did the work. Photos with timestamps add to it. If you use a contractor, ask what records they keep and how you can get them. On a commercial site this is normal practice, and we go through it in service logs and documentation for commercial snow.

What should you do if someone falls on your property?

See to the person first and call 911 if they are hurt. Then note what you can see: the date and time, the weather, the condition of the surface, and photos of the spot before it changes. Report it to your insurer promptly and follow their instructions, because policies have their own conditions and they are the ones who will handle a claim. Consider speaking to an attorney before giving any statement about fault. Time limits can apply to claims, and an attorney can tell you what they are for your situation.

Where should you go for an actual answer?

A Montana attorney for anything about your liability, and your insurance agent or carrier for what your policy covers. If you are a tenant or landlord with a dispute, the same attorney question applies. Read the statutes yourself too, they are short, and the links are in the sources below. Laws and local rules change, so check that what you read is still current. We reported what these pages said when we checked them on November 2, 2026.

How can a snow service help with this?

We do the clearing and ice management, not the legal side. Our snow and storm services cover driveways, parking areas, private roads, sidewalks and ice management for homes, businesses and HOAs, with the scope agreed before winter. This article is part of our Montana Winter Property Guide, and it is general information, not legal advice.

Call HJ Property Care & Tree Service at (406) 215-7319 or reserve a spot on a 2026-27 snow route before the first storm.

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