Premises liability describes legal claims that can result from a dangerous condition on another person or business’s property. The most common claims are slips and falls; however, many aspects can fall under this element of the law. In order to prove a premises liability claim, you’ll need to prove these three elements: A dangerous condition was present on someone else’s property – dangerous conditions can come in many forms and can include weather-related elements (snow, ice, water, etc.), improper design or construction of a building, substances on store floors, harmful chemicals, or other ..read more

Impaired Driving in Montana, DUI or DWI In Montana, it’s illegal for anyone with a blood-alcohol content of 0.08 percent to operate a motor vehicle. Most drivers here are familiar with this law and its consequences — a DUI or blood-alcohol conviction stays on your driving record for life. But with the legalization of marijuana in Montana means more drivers will hit the road after they’ve smoked, vaped, eaten, or otherwise consumed marijuana. Driving under the influence of marijuana is illegal because you’re considered an impaired driver. In Montana, drivers who are pulled over and found to hav ..read more

Personal injury cases can seem straightforward at first glance: Someone is injured because someone else was negligent in their actions or responsibilities, so the injured person should be compensated for their medical bills and/or expenses, right? Unfortunately, it’s not always that straightforward or simple. In practice, proving negligence has specific legal requirements and will likely include evidence such as videos, photos, and expert testimony may be necessary to confirm those requirements and details.  Expert Testimony Experts are helpful in personal injury cases because the details ..read more

If you’re ever in a situation where you need insurance to pay — whether it’s someone else’s insurance paying for repairs or injuries after a crash or your health insurance paying for a hospital stay, or even a long-term care insurer refusing to pay benefits — the last thing you want to think about is what you’ll do if the insurance company refuses to pay or won’t investigate the situation. In those situations, your hands are already full, and an insurance company ignoring its contractual obligations can feel overwhelming.  It’s called acting in bad faith. When insurance companies act in b ..read more

Writing a will is about more than just deciding who gets what. It’s about cementing a legacy and about making things simpler for the people you care about after you’re gone.  Leaving a will allows you to make the big decisions about your estate and your final wishes for them. And dying without a will can mean different things depending on where you live.  Montana and Wills If you die without a will in Montana, state law has a plan for the disposition of your property. But that’s just it – it’s the state’s plan. And while it might make sense to many people, it might not be exactly how ..read more

Discrimination in the workplace can make a business uninviting, unwelcoming and can also earn that business a poor reputation among prospective employees. And while discrimination can affect your business negatively, it can also lead to legal wrangling.  Workplace safety is a top priority for the best employers and is often discussed in relation to the employees’ physical safety. This is indeed a top priority but feeling safe in a workplace is about more than making sure everyone goes home in one piece.  Federal and Montana Employment Laws The federal law has determined it is illegal ..read more

The business world moves at an ever-increasing pace, especially with new technologies and ideas introduced seemingly every day. Part of being successful is being able to adapt to these changes while maintaining efficiencies in your business. Well-managed contracts can help you keep pace, either as a business or a contractor, and help you evolve along the way. Management Contracts aim to get expectations in writing, as well as the potential consequences if those expectations aren’t met. But it’s not just as simple as writing out a few ideas and signing them, which is where an attorney can be he ..read more

Having a child doesn’t necessarily mean two people will agree on everything, but even people with acrimonious relationships tend to agree on one thing, and that is that the child or children’s welfare is the top priority between them. While this doesn’t necessarily mean the process will be easy or that it will work just because you both love your kid, it does point to the value of having a parenting plan in place to ensure the consistency in your child’s life is maintained and expectations are outlined. Making a Plan Parenting plans cover a wide range of issues that might come up when raising ..read more

We all made adjustments in our lives in 2020, when COVID-19 shut down our offices, schools, churches, and more. It was a difficult time for many people, and we are all now more than ready to have that time in our rearview mirror. The COVID-19 vaccine shows promise to help that happen, to help us move on to the next new normal; however, the question of whether or not a business can mandate that their employees get vaccinated in order to work has come to light lately, and many people are asking what their rights are surrounding vaccines as an employee. Mandatory Vaccinations In December 2020, th ..read more

Emancipation laws allow children to gain the legal rights they would usually get after turning 18. In becoming a legal adult before age 18, emancipated minors – who must be at least 16 years old – are free to act independently. Emancipation and Rights When a minor is emancipated, they can make decisions for themselves that a parent, grandparent, or another legal guardian may have previously been making for them. These decisions include: Medical care Applying for a license to operate equipment or perform a service Keeping all of one’s earnings Incurring debt and signing contracts Where the min ..read more