reglab/housing_qa huggingface dataset:
MT Code § 27-1-737 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-737. Repealed

  27-1-737. Repealed. Sec. 1, Ch. 463, L. 2003.   History: En. Sec. 1, Ch. 573, L. 1999.
MT Code § 27-1-738 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-738. Health care provider's responsibility for others

  27-1-738. Health care provider's responsibility for others. For purposes of a malpractice claim, as defined in 27-6-103, a health care provider, as defined in 27-6-103, is not liable for an act or omission by a person or entity that was not an employee or agent of or otherwise under the control of the health care provider at the time that the act or omission occurred. This section does not absolve a health care provider from liability under 27-1-703.   History: En. Sec. 1, Ch. 43, L. 2005.
MT Code § 27-1-739 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-739. Liability of health care provider for reduced chance of recovery caused by malpractice

  27-1-739. Liability of health care provider for reduced chance of recovery caused by malpractice. (1) For purposes of a malpractice claim, as defined in 27-6-103, damages may be awarded against a health care provider, as defined in 27-6-103, if a negligent act or omission during diagnosis or treatment for a medical condition reduces a patient's chance of recovering and the negligent act or omission is a contributing cause of:   (a) death;   (b) survival for a shorter period of time;   (c) no recovery;   (d) a recovery that is of lesser extent or quality or that takes longer to occur; or   (e) other injury.   (2) The damages must be determined based on which of the events referred to in subsections (1)(a) through (1)(e) occurred and the resulting types of injury, damage, and loss.   (3) (a) If the evidence establishes that the chance of recovering prior to the negligent act or omission was more likely than not, the damages awarded must be 100% of the damages determined under subsection (2).   (b) If the evidence establishes that the chance of recovering prior to the negligent act or omission was not more likely than not, the damages awarded must be the difference between the chance of recovering prior to the negligent act or omission and the chance of recovering after the negligent act or omission multiplied by the total damages determined under subsection (2).   History: En. Sec. 1, Ch. 229, L. 2005.
MT Code § 27-1-740 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-740. Ridesharing -- limits on employer liability

  27-1-740. Ridesharing -- limits on employer liability. (1) Except as provided in subsection (2), an employer is not liable for injuries or damages sustained by operators, passengers, or other persons:   (a) that result from operation of a motor vehicle that is being used in a voluntary ridesharing arrangement between a place of residence and a place of employment or near those places; or   (b) because the employer provides information to, provides incentives to, or otherwise encourages employees to participate in voluntary ridesharing arrangements.   (2) This section does not apply to:   (a) motor vehicles owned, leased, or otherwise provided by an employer;   (b) an employer that reimburses an employee for mileage or travel expenses, other than parking, for participation in a ridesharing arrangement;   (c) an employer that makes employee participation in ridesharing programs a requirement of employment;   (d) acts by an employee within the scope of employment; or   (e) voluntary ridesharing arrangements subsidized by an employer.   (3) For purposes of this section:   (a) "employment" commences when an employee arrives at the employer's place of employment to report for work and terminates when the employee leaves the employer's place of employment; and   (b) "within the scope of employment" means activity when the employee is engaged in the performance of duties assigned or directed by the employer or is acting in the furtherance of the business of the employer.   History: En. Sec. 1, Ch. 385, L. 1999.
MT Code § 27-1-741 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-741. Purpose

  27-1-741. Purpose. The legislature finds that:   (1) amusement rides are used by a large number of Montana's citizens and attract a large number of nonresidents, significantly contributing to Montana's tourism industry and tax base;   (2) the safety of the public using amusement rides is an important matter of public policy;   (3) there are inherent risks associated with the machinery, equipment, or animals that are impracticable or impossible for an amusement ride owner or operator to eliminate with all reasonable safety precautions;   (4) an informed patron is in the best position to avoid risks inherent to amusement rides; and   (5) the safety of amusement rides will be greatly improved at minimal cost if riders are subject to minimum safety standards for their own protection and the protection of others.   History: En. Sec. 1, Ch. 370, L. 1999.
MT Code § 27-1-742 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-742. Definitions

  27-1-742. Definitions. As used in 27-1-741 through 27-1-745, the following definitions apply:   (1) "Amusement ride" or "ride" means a movable, portable, or nonpermanent structure that features or employs a mechanical, aquatic, or other device or attraction that carries passengers over a fixed or restricted route or that operates in a fixed or restricted area, primarily for the passengers' amusement. This definition applies to amusement rides that are set up and operate in any location in Montana for not more than 30 days.   (2) "Operator" means a person, business, or other entity that owns, leases, manages, or operates amusement rides.   (3) "Passenger" means a person:   (a) waiting in the immediate vicinity of an amusement ride to board the ride;   (b) entering or boarding an amusement ride;   (c) using an amusement ride;   (d) getting off or exiting from an amusement ride; or   (e) leaving the immediate vicinity of an amusement ride after getting off or exiting the ride.   History: En. Sec. 2, Ch. 370, L. 1999.
MT Code § 27-1-743 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-743. Operator's responsibilities

  27-1-743. Operator's responsibilities. An operator shall:   (1) exercise reasonable care in constructing, erecting, maintaining, operating, and supervising amusement rides to ensure the safety of passengers;   (2) ensure that there is an adequately staffed first-aid station and a location for reporting injuries and accidents. For the purposes of this section, one adequately staffed first-aid station and a single location for reporting injuries and accidents on a site where multiple operators are grouped in a fair or carnival formation are sufficient.   (3) ensure that when supervising or operating a ride, the operator or an employee of the operator is not under the influence of alcohol or drugs; and   (4) post in a conspicuous place on the amusement ride grounds an easily readable sign that lists the passenger and operator responsibilities and prohibitions contained in 27-1-744 and this section, as well as additional language or another sign near the entrance to each ride that includes:   (a) operational instructions, if any;   (b) safety guidelines for the ride, if any;   (c) restrictions on the use of the amusement ride, if any;   (d) behavior or activities that are prohibited, if any; and   (e) the following statement: "State law requires riders and passengers to obey all warnings and directions for this ride and behave in a manner that will not cause or contribute to injury to themselves or others. Riders must report injuries before leaving the premises".   History: En. Sec. 3, Ch. 370, L. 1999.
MT Code § 27-1-744 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-744. Passenger responsibilities and prohibitions

  27-1-744. Passenger responsibilities and prohibitions. (1) A passenger may not:   (a) enter or exit an amusement ride except at a time and place, if any, designated by an operator or employee and in the manner and under the supervision of an operator or employee;   (b) throw or drop an object from or in the direction of an amusement ride;   (c) fail or refuse to comply with the instructions of an operator or employee operating or supervising an amusement ride;   (d) act in a manner that could interfere with the safe operation of an amusement ride or with the safety of a passenger;   (e) disable or attempt to disable any safety or restraining device;   (f) alter or enhance the designed speed, course, or direction of an amusement ride;   (g) operate or attempt to operate amusement ride controls designed to be operated only by the operator or employee operating the ride; or   (h) use an amusement ride when under the influence of alcohol or drugs to the point that the ability of the passenger to safely use the ride is diminished. An operator or employee may prohibit a person from using or continuing a ride if the operator or employee reasonably believes that the person is under the influence of alcohol or drugs to the point that the person's ability to safely use or continue the ride is diminished.   (2) A passenger shall follow warnings and other information posted by or orally given to the passenger by an operator or employee.   History: En. Sec. 4, Ch. 370, L. 1999.
MT Code § 27-1-745 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-745. Injury reports

  27-1-745. Injury reports. (1) (a) A passenger who is injured on or by an amusement ride is encouraged to report the injury to the operator before leaving the amusement ride premises. The passenger shall if possible, not later than 6 months after the injury, report the injury to the operator or to the owner of the premises where the amusement ride was located at the time of the injury. The report must include:   (i) the passenger's name, address, and telephone number;   (ii) a brief description of the injury and how it occurred, including the date, approximate time, location, and amusement ride upon which the injury occurred; and   (iii) the names, addresses, and telephone numbers of known witnesses to the injury.   (b) The operator shall provide to the person who was injured and who has filed an injury report:   (i) the individual operator's name, current address, and telephone number;   (ii) a brief description of the ride, the maintenance schedule for the ride, and the manufacturer of the ride; and   (iii) the names, current addresses, and telephone numbers of all known witnesses to the injury.   (2) The report must be kept by the operator for at least 3 years after its receipt and must be made available for inspection by the injured passenger or the passenger's agent during business hours.   History: En. Sec. 5, Ch. 370, L. 1999.
MT Code § 27-1-746 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-746. Duty of health care provider performing third-party medical examination

  27-1-746. Duty of health care provider performing third-party medical examination. A health care provider who is retained by a third party to perform a medical examination and advises the examinee about a medical condition during or after the examination has an obligation to exercise ordinary care to ensure that the advice complies with the standard of care for the health care provider's profession, but has no duty to discover the presence of an unrelated medical condition. The health care provider has an obligation to inform the examinee of likely diagnoses that the health care provider reasonably considers. A health care provider who provides actual medical care or treatment incident to a third-party medical examination shall exercise the standard of care that the health care provider would have exercised if the examinee had retained the health care provider. For purposes of this section, "health care provider" has the meaning provided in 27-6-103.   History: En. Sec. 1, Ch. 246, L. 2005.
MT Code § 27-1-747 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-747. Claims and damages based on birth of child prohibited

  27-1-747. Claims and damages based on birth of child prohibited. (1) A cause of action or award of damages is prohibited if the cause of action or award of damages is based on the claim that, but for the conduct of a health care provider, a parent would not have permitted the parent's child to have been born.   (2) For the purposes of this section, the term "health care provider" means a health care facility as defined in 50-5-101 or a physician, physician assistant, registered nurse, advanced practice registered nurse, or direct-entry midwife licensed under Title 37.   (3) This section does not apply to instances of gross negligence or willful or wanton acts or omissions.   History: En. Sec. 1, Ch. 311, L. 2013.
MT Code § 27-1-748 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-748. through 27-1-750 reserved

  27-1-748 through 27-1-750 reserved.
MT Code § 27-1-751 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-751. Short title

  27-1-751. Short title. Sections 27-1-751 through 27-1-754 may be cited as the "Montana Recreation Responsibility Act".   History: En. Sec. 1, Ch. 331, L. 2009.
MT Code § 27-1-752 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-752. Definitions

  27-1-752. Definitions. As used in 27-1-751 through 27-1-754, the following definitions apply:   (1) "Agritourism" means a form of commercial enterprise that links agricultural production or agricultural processing with tourism in order to attract visitors to a farm, ranch, or other agricultural business for purposes of entertaining or educating the visitors.   (2) "Inherent risks" means those dangers or conditions that are characteristic of, intrinsic to, or an integral part of any sport or recreational activity and that cannot be prevented by the use of reasonable care.   (3) "Provider" means a person, corporation, partnership, or other business entity, including a governmental entity as defined in 2-9-111, that promotes, offers, or conducts a sport or recreational opportunity for profit or otherwise.   (4) "Sport or recreational opportunity" means any sporting activity, whether undertaken with or without permission, including but not limited to baseball, softball, football, soccer, basketball, bicycling, hiking, swimming, boating, hockey, dude ranching, nordic or alpine skiing, snow boarding, snow sliding, mountain climbing, river floating, whitewater rafting, canoeing, kayaking, target shooting, hunting, fishing, backcountry trips, horseback riding and other equine activity, snowmobiling, off-highway vehicle use, agritourism, an on-farm educational opportunity, and any similar recreational activity.   History: En. Sec. 2, Ch. 331, L. 2009; amd. Sec. 1, Ch. 137, L. 2017.
MT Code § 27-1-753 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-753. Limitation on liability in sport or recreational opportunity

  27-1-753. Limitation on liability in sport or recreational opportunity. (1) A person who participates in any sport or recreational opportunity assumes the inherent risks in that sport or recreational opportunity, whether those risks are known or unknown, and is legally responsible for all injury or death to the person and for all damage to the person's property that result from the inherent risks in that sport or recreational opportunity.   (2) A provider is not required to eliminate, alter, or control the inherent risks within the particular sport or recreational opportunity that is provided.   (3) (a) Sections 27-1-751 through 27-1-754 do not preclude an action based on the negligence of the provider if the injury, death, or damage is not the result of an inherent risk of the sport or recreational opportunity.   (b) This section does not prohibit a written waiver or release entered into prior to engaging in a sport or recreational opportunity for damages or injuries resulting from conduct that constitutes ordinary negligence or for risks that are inherent in the sport or recreational opportunity.   (c) Any waiver or release for a sport or recreational opportunity must:   (i) state known inherent risks of the sport or recreational opportunity; and   (ii) contain the following statement in bold typeface: By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.   (d) Any waiver or release for a sport or recreational opportunity may still be challenged on any legal grounds.   (e) Any waiver or release for a sport or recreational opportunity executed in compliance with this section is not prohibited by or subject to the provisions of 28-2-702.   (4) Sections 27-1-751 through 27-1-754 do not apply to a cause of action based on the design, manufacture, provision, or maintenance of sports or recreational equipment or products or safety equipment used incidental to or required by the sport or recreational activity.   History: En. Sec. 3, Ch. 331, L. 2009; amd. Sec. 1, Ch. 410, L. 2015.
MT Code § 27-1-754 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-754. Recreational activity -- applicability exceptions

  27-1-754. Recreational activity -- applicability exceptions. Sections 27-1-751 through 27-1-753 do not apply to duties, responsibilities, liability, or immunity related to:   (1) recreational use of waters or land, as provided in 23-2-321;   (2) snowmobiling, as provided in 23-2-653 and 23-2-654;   (3) skiing, as provided in Title 23, chapter 2, part 7;   (4) off-highway vehicle operation, as provided in 23-2-822;   (5) instruction in firearms and hunter safety or hunter education, as provided in 27-1-721;   (6) equine activity, as provided in 27-1-727;   (7) sponsored rodeo and similar events, as provided in 27-1-733;   (8) amusement rides, as provided in 27-1-743 and 27-1-744;   (9) recreational use of land, as provided in 23-2-907, 70-16-302, 77-1-805, 87-1-265, and 87-1-286;   (10) wildcrafting, as provided in 76-10-106; and   (11) placement of a sign or marker warning of a hazard in water legally accessible to the public, as provided in 87-1-287.   History: En. Sec. 4, Ch. 331, L. 2009; amd. Sec. 1, Ch. 63, L. 2019.
MT Code § 27-1-755 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 7. Liability|27-1-755. Civil action -- human trafficking victim

  27-1-755. Civil action -- human trafficking victim. (1) A victim of human trafficking may bring a civil action against a person who commits an offense against the victim under 45-5-702, 45-5-703, 45-5-704, or 45-5-705 for compensatory damages, punitive damages, injunctive relief, and any other appropriate relief.   (2) If a victim prevails in an action under this section, the court shall award the victim reasonable attorney fees and costs.   (3) An action under this section must be commenced not later than 10 years after the later of:   (a) the date on which the victim no longer was subject to human trafficking; or   (b) the date on which the victim reached 18 years of age.   (4) This section does not preclude any other remedy available to the victim under federal or state law.   (5) For the purposes of this section, the term "human trafficking" has the meaning provided in 45-5-701.   History: En. Sec. 11, Ch. 285, L. 2015.
MT Code § 27-1-801 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 8. Libel and Slander|27-1-801. Defamation -- how effected

  27-1-801. Defamation -- how effected. Defamation is effected by:   (1) libel;   (2) slander.   History: En. Sec. 31, Civ. C. 1895; re-en. Sec. 3601, Rev. C. 1907; re-en. Sec. 5689, R.C.M. 1921; Cal. Civ. C. Sec. 44; Field Civ. C. Sec. 28; re-en. Sec. 5689, R.C.M. 1935; R.C.M. 1947, 64-202.
MT Code § 27-1-802 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 8. Libel and Slander|27-1-802. Libel defined

  27-1-802. Libel defined. Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation that exposes any person to hatred, contempt, ridicule, or obloquy or causes a person to be shunned or avoided or that has a tendency to injure a person in the person's occupation.   History: En. Sec. 32, Civ. C. 1895; re-en. Sec. 3602, Rev. C. 1907; re-en. Sec. 5690, R.C.M. 1921; Cal. Civ. C. Sec. 45; Field Civ. C. 29; re-en. Sec. 5690, R.C.M. 1935; R.C.M. 1947, 64-203; amd. Sec. 592, Ch. 56, L. 2009.
MT Code § 27-1-803 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 1. Availability of Remedies -- Liability|Part 8. Libel and Slander|27-1-803. Slander defined

  27-1-803. Slander defined. Slander is a false and unprivileged publication other than libel that:   (1) charges any person with crime or with having been indicted, convicted, or punished for crime;   (2) imputes in a person the present existence of an infectious, contagious, or loathsome disease;   (3) tends directly to injure a person in respect to the person's office, profession, trade, or business, either by imputing to the person general disqualification in those respects that the office or other occupation peculiarly requires or by imputing something with reference to the person's office, profession, trade, or business that has a natural tendency to lessen its profit;   (4) imputes to a person impotence or want of chastity; or   (5) by natural consequence causes actual damage.   History: En. Sec. 33, Civ. C. 1895; re-en. Sec. 3603, Rev. C. 1907; re-en. Sec. 5691, R.C.M. 1921; Cal. Civ. C. Sec. 46; Field Civ. C. Sec. 30; re-en. Sec. 5691, R.C.M. 1935; R.C.M. 1947, 64-204; amd. Sec. 593, Ch. 56, L. 2009.