Negligent Security Attorney in Montana

Montana’s Largest Personal Injury Settlement. A Trial Record Insurers Respect.

When someone is attacked, robbed, or harmed at an apartment complex, hotel, parking lot, or bar, the property owner may share legal responsibility. If the crime was foreseeable and reasonable security measures weren’t in place, that owner can be held liable under Montana premises liability law. We represent people across Montana who were injured in exactly these situations.

At Hoyt & Blewett PLLC, our trial record in high-stakes litigation shapes how insurers respond to our clients’ claims from the very first communication. We’ve secured the largest reported individual personal injury settlement in Montana history at $27 million and have obtained more than 18 jury verdicts exceeding $1 million. Insurance carriers know we try cases and have secured substantial verdicts. That knowledge matters when your claim is being evaluated.

If you or a family member were harmed at an inadequately secured property in Montana, contact us at (406) 233-1302 for a free, no-obligation consultation. There are no out-of-pocket fees and no signing obligation at your first meeting. We work on a contingency basis, so you pay no attorney fees unless we recover compensation for you.

Start Your Free Case Review Today

Contact Hoyt & Blewett PLLC to speak with a negligent security lawyer about your Montana claim. We can evaluate the merits of your case, explain your legal options, and take on the legal burden so you can focus on recovery.

Call us at (406) 233-1302 or reach out through our online contact form to get started.

What Negligent Security Means Under Montana Law

Negligent security is a branch of premises liability law that holds property owners liable when a failure to provide adequate security results in a preventable injury to someone on their property. The core question is whether the crime was foreseeable and whether the owner took reasonable steps to prevent it.

Montana law doesn’t allow a property owner to avoid liability simply by calling an attack a random act of violence. If prior incidents on or near the property, the location’s crime history, or the nature of the business should have put the owner on notice, the owner had a duty to act. Failing to act is the breach that gives rise to a claim.

The Four Elements of a Negligent Security Claim

To establish liability, a claimant must prove four things:

Duty: The property owner owed a legal duty of care. Montana applies a uniform duty of reasonable care to all persons on a property, regardless of whether they are customers, tenants, or guests.
Breach: The owner failed to address known or foreseeable security risks.
Causation: That failure directly caused the incident and the resulting harm.
Damages: The injured person suffered measurable losses, physical, financial, or psychological.

Montana’s Comparative Negligence Rule & Filing Deadline

Montana follows a modified comparative negligence standard. A claimant may still recover compensation as long as their share of fault is less than 51 percent, though recovery is reduced proportionally by their percentage of fault. The statute of limitations for personal injury claims in Montana, including negligent security, is three years from the date of the incident under Montana Code Annotated section 27-2-204.

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Where Negligent Security Claims Arise in Montana

These cases occur across a wide range of commercial and residential properties. We handle negligent security claims arising from incidents at apartment complexes, parking lots, hotels and motels, bars and nightclubs, convenience stores, and other commercial properties throughout Montana.

The nature of the business matters when evaluating a property owner’s duty. Properties that operate late hours, serve alcohol, or sit in areas with a documented crime history carry a heightened obligation to implement security measures.

Common security failures that can support a claim include:

Broken or missing locks on entry gates and doors
Inadequate lighting in parking areas and walkways
Non-functioning or absent security cameras
No security personnel in high-risk settings
Failure to respond to prior reports of crime on the premises

If you were harmed at any of these locations and believe the owner failed to address a foreseeable security risk, a free consultation with our team can help you understand whether you have a claim worth pursuing.

Injuries and Compensation in Montana Negligent Security Cases

Negligent security incidents frequently produce serious physical harm. Broken bones, traumatic brain injuries, gunshot or stab wounds, lacerations, and internal injuries from blunt trauma are all common outcomes. Psychological harm, including PTSD, anxiety, and depression, is also a recognized and recoverable category of injury under Montana law.

What a Successful Claim May Recover

A negligent security claim in Montana can allow recovery for a range of losses:

Past, present, and future medical expenses
Lost wages and diminished earning capacity
Physical pain and suffering
Emotional trauma and diminished quality of life
Property loss from theft or damage during the incident

When an incident results in a fatality, surviving family members may pursue wrongful death damages including funeral costs, loss of financial support, and loss of companionship. In cases involving actual malice or fraud, Montana law may permit punitive damages in addition to compensatory damages.

Why Montana Clients Choose Hoyt & Blewett PLLC

Our trial record is what separates us in negligent security cases. We’ve obtained the largest reported individual personal injury settlement in Montana history and have secured more than 18 jury verdicts exceeding $1 million. Insurers don’t treat those numbers as marketing. They treat them as a track record that informs how they approach every claim our firm handles.

National Recognition Earned in Montana Courtrooms

Managing partner Zander Blewett is the only attorney in Montana admitted to the Inner Circle of Advocates, a group limited to 100 of the nation’s top plaintiff trial lawyers, and the only Montana lawyer admitted to the Lawdragon Hall of Fame. All four of our partners, Zander Blewett, Anders Blewett, Drew Blewett, and Joseph Cosgrove, were the only Montana lawyers named to the Lawdragon 500 Leading Plaintiff Consumer Lawyers in America for 2022. These aren’t honorary titles. They reflect a body of work built in courtrooms.

Three Generations of Montana Legal Practice

We’re a third-generation Montana firm. Alex Blewett founded the practice in 1938, and his son Zander and grandsons Anders and Drew continue that legacy as practicing attorneys today. Many of the cases we take arrive through attorney referrals from other legal professionals across the state, which reflects the reputation we’ve built over decades.

We screen every case for merit before accepting it, so clients who come to us receive our full attention and resources rather than a share of a high-volume caseload. We also have over 150 five-star Google reviews, a reflection of how we treat the people we represent.

What to Do After a Negligent Security Incident in Montana

The steps taken immediately after an incident can directly affect the strength of a claim. Seek medical attention right away, report the incident to law enforcement, and preserve any evidence available to you, including photographs of the scene and contact information for witnesses.

Building a negligent security case typically involves obtaining prior police and incident reports for the property, securing surveillance footage before it’s overwritten, reviewing maintenance records for lighting and locks, and in some cases working with a security consultant to evaluate whether the property met a reasonable standard. Security footage is often overwritten within days, and witness recollections fade, so early involvement by a negligent security attorney can preserve evidence that would otherwise be lost.

We prepare every case as if it will go to trial. That preparation is part of what motivates insurers to offer fair value rather than test us in a courtroom. We work to recover all compensation allowed under Montana law, not just what an insurer puts on the table first.

Common Questions About Montana Negligent Security Claims

The questions below address issues that come up frequently when evaluating whether a negligent security claim is worth pursuing in Montana.

Can I File a Claim If the Attacker Was Never Caught or Convicted?

Yes. A negligent security claim is a civil action against the property owner, not a criminal case against the perpetrator. The outcome of any criminal proceeding doesn’t determine whether the property owner can be held liable for failing to provide reasonable security.

What If the Property Owner Claims They Didn’t Know Crime Was a Problem?

Montana law focuses on what the owner knew or reasonably should have known. A history of prior incidents on or near the property, the nature of the business, and the location’s crime rate are all factors a court will examine. Claiming ignorance doesn’t resolve the liability question.

What If I Was Partly at Fault for Being at That Location?

Montana’s modified comparative negligence rule allows recovery as long as your share of fault is less than 51 percent. Your compensation would be reduced proportionally by your percentage of fault, but you wouldn’t be barred from recovery simply because you bear some responsibility.

How Long Do I Have to File a Negligent Security Claim in Montana?

Three years from the date of the incident under Montana Code Annotated section 27-2-204. Acting promptly matters because critical evidence, including security footage and witness accounts, can disappear quickly. Contact Hoyt & Blewett PLLC at (406) 233-1302 for a free consultation to understand where your claim stands.

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Have questions? Ready to get started? Call (406) 233-1302 today or contact us online to schedule a consultation.

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