reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-720. Liability -- defect in design of firearms or ammunition

27-1-720. Liability -- defect in design of firearms or ammunition.
(1) In a products liability action, no firearm, ammunition component that was manufactured in Montana, or ammunition may be considered defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury, damage, or death when discharged.
(2) For purposes of this section:
(a) the potential of a firearm or ammunition to cause serious injury, damage, or death when discharged does not make the product defective in design; and
(b) injuries or damages resulting from the discharge of a firearm or ammunition are not proximately caused by its potential to cause serious injury, damage, or death but are proximately caused by the actual discharge of the product.
(3) The provisions of this section do not affect a products liability cause of action based upon the improper selection of design alternatives.
History: En. Sec. 1, Ch. 359, L. 1987; amd. Sec. 9, Ch. 440, L. 2015.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-721. Immunity of certain firearms and hunter safety or hunter education instructors

27-1-721. Immunity of certain firearms and hunter safety or hunter education instructors.
A person who is designated as a hunter safety instructor or hunter education instructor by the department of fish, wildlife, and parks under 87-2-105 or certified as an instructor by a national firearms association, who trains people in the lawful use of firearms, and who is not employed by a governmental entity is not liable for the conduct, acts, or omissions of a student handling firearms unless the instructor exhibits gross negligence giving rise to causation of the damages.
History: En. Sec. 1, Ch. 415, L. 1995; amd. Sec. 1, Ch. 499, L. 1999.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-722. Civil damages immunity for injury caused by legal use of force

27-1-722. Civil damages immunity for injury caused by legal use of force.
(1) A use of force allowable under the provisions of Title 45, chapter 3, part 1, provides immunity to the person using the force from civil damages for injury to any person or property arising from injury to the person, or damage to the property of the person, against whom the force was used.
(2) Conviction of a crime committed by the person who was injured or whose property was damaged by the use of force is not a prerequisite to a defense under subsection (1), but it is evidence that the act or omission to which the use of force was a response occurred.
(3) The reasonableness of the use of force must be determined in light of the circumstances at the time that the force was used.
(4) The prevailing party in an action in which a defense is asserted under this section is entitled to costs and reasonable attorney fees.
History: En. Sec. 1, Ch. 445, L. 2001.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-723. Prohibition on lawsuit -- criminal actions

27-1-723. Prohibition on lawsuit -- criminal actions.
A person who is harmed while attempting to engage in, engaging in, or fleeing after having engaged in conduct that is classified as a felony offense may not recover damages from a crime victim or other person that used reasonable self-defense to protect a crime victim.
History: En. Sec. 1, Ch. 485, L. 2023.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-724. Limits on liability of livestock owner or property owner in accidents involving motor vehicles and livestock

27-1-724. Limits on liability of livestock owner or property owner in accidents involving motor vehicles and livestock.
(1) Except as provided in Title 60, chapter 7, part 2, for the highways referred to in 60-7-201, a person owning, controlling, or in possession of livestock or a person owning property has no duty to keep livestock from wandering on highways and is not subject to liability for damages to any property or for injury to a person caused by an accident involving a motor vehicle and livestock unless the owner of the livestock or property was grossly negligent or engaged in intentional misconduct.
(2) As used in this section, the following definitions apply:
(a) "Highway" has the meaning provided in 60-1-103(17);
(b) "Livestock" has the meaning provided in 15-1-101; and
(c) "Person" means an individual, partnership, corporation, limited liability company, limited liability partnership, or association.
History: En. Sec. 1, Ch. 28, L. 2001; amd. Sec. 4, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-725. Purpose

27-1-725. Purpose.
The purpose of 27-1-725 through 27-1-727 is to assist courts and juries in defining the circumstances under which persons responsible for equines may be found liable for damages to persons harmed in the course of equine activities. It is the policy of the state of Montana that a person is not liable for damages sustained by another solely as a result of risks inherent in equine activities if those risks are or should be reasonably obvious, expected, or necessary to persons engaged in equine activities. It is the policy of the state of Montana that an equine activity sponsor or equine professional who is negligent and causes foreseeable injury to a participant bears responsibility for that injury in accordance with other applicable law.
History: En. Sec. 1, Ch. 119, L. 1993.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-727. Equine activity liability limitations

27-1-727. Equine activity liability limitations.
(1) Except as provided in subsections (2) and (3), an equine activity sponsor or an equine professional is not liable for an injury to or the death of a participant engaged in an equine activity resulting from risks inherent in equine activities.
(2) An equine participant shall act in a safe and responsible manner at all times to avoid injury to the participant and others and to be aware of risks inherent in equine activities.
(3) Subsection (1) does not apply:
(a) if the equine activity sponsor or the equine professional:
(i) provided the equipment or tack and the equipment or tack caused the injury because the equine activity sponsor or equine professional failed to reasonably and prudently inspect or maintain the equipment;
(ii) provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to safely engage in the equine activity and the participant's ability to safely manage the particular equine based on the participant's representations as to the participant's ability;
(iii) owned, leased, rented, or otherwise was in lawful possession and control of the land or facilities upon which the participant sustained injuries caused by a dangerous latent condition that was known or should have been known to the equine activity sponsor or the equine professional;
(iv) committed an act or omission that constituted willful or wanton disregard for the safety of the participant and the act or omission caused the injury; or
(v) intentionally injured the participant; or
(b) in a products liability action.
History: En. Sec. 3, Ch. 119, L. 1993.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-728. Mule and horseracing -- exception

27-1-728. Mule and horseracing -- exception.
Sections 27-1-725 through 27-1-727 do not apply to the horseracing and mule racing industry as regulated in Title 23, chapter 4.
History: En. Sec. 4, Ch. 119, L. 1993.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-732. Immunity of nonprofit corporation officers, directors, and volunteers

27-1-732. Immunity of nonprofit corporation officers, directors, and volunteers.
(1) An officer, director, or volunteer of a nonprofit corporation is not individually liable for any action or omission made in the course and scope of the officer's, director's, or volunteer's official capacity on behalf of the nonprofit corporation. This section does not apply to liability for willful or wanton misconduct. The immunity granted by this section does not apply to the liability of a nonprofit corporation.
(2) For purposes of this section, "nonprofit corporation" means:
(a) an organization exempt from taxation under section 501(c) of the Internal Revenue Code, 26 U.S.C. 501(c), as amended; or
(b) a corporation or organization that is eligible for or has been granted tax-exempt status by the department of revenue under the provisions of 15-31-102.
History: En. Sec. 1, Ch. 437, L. 1987; amd. Sec. 4, Ch. 357, L. 1995; amd. Sec. 69, Ch. 114, L. 2003; amd. Sec. 3, Ch. 63, L. 2015.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-733. Liability of nonprofit organizations and their employees for injuries suffered in sponsored rodeo and similar events

27-1-733. Liability of nonprofit organizations and their employees for injuries suffered in sponsored rodeo and similar events.
(1) A nonprofit organization sponsoring a rodeo, cowboy polo, cutting horse, O-Mok-See, trail riding, horse packing, horse show, or jackpot roping event, or employee of the organization, is not liable for injuries suffered by a contestant as a result of the contestant's voluntary participation in the event except for injuries caused by a willful or wanton act of the sponsoring organization or its employees.
(2) For purposes of this section, a minor is considered to be in voluntary participation in an event if:
(a) the minor has provided written consent to participate in the event; and
(b) the consent is approved by one of the minor's parents or by the minor's legal guardian.
History: En. Sec. 1, Ch. 508, L. 1987; amd. Sec. 591, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-734. Limits on liability of health care provider in emergency situations

27-1-734. Limits on liability of health care provider in emergency situations.
A physician licensed under Title 37, chapter 3, a nurse licensed under Title 37, chapter 8, or a hospital licensed under Title 50, chapter 5, rendering care or assistance in good faith to a patient of a direct-entry midwife in an emergency situation is liable for civil damages for acts or omissions committed in providing such emergency obstetrical care or assistance only to the extent that those damages are caused by gross negligence or by willful or wanton acts or omissions.
History: En. Sec. 4, Ch. 493, L. 1989; amd. Sec. 24, Ch. 550, L. 1991.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-735. Emergency communications systems -- lawful release of information

27-1-735. Emergency communications systems -- lawful release of information.
(1) It is lawful for a telephone company or telecommunications provider to release in good faith to personnel of emergency communications systems information not in the public record, including but not limited to unpublished or unlisted telephone numbers, subscribers' names and physical addresses, and phone location information pursuant to 10-4-118.
(2) A local exchange telephone company registered as a Montana telecommunications service provider, as provided in 69-3-805, or a provider of commercial mobile service, as defined in 47 U.S.C. 332(d)(1), that provides emergency communications systems and related services and its employees and agents are not liable in tort to any person for damages alleged to have been caused by the design, development, installation, maintenance, or provision of emergency communications systems or related services unless the acts or omissions of the entities or persons constitute gross negligence or willful or wanton misconduct. This subsection does not provide immunity from liability in a products liability action.
(3) For the purposes of this section, "subscribers" means persons, partnerships, corporations, or other entities acquiring telecommunications services from a telecommunications provider. There is one subscriber for each billed line of a telecommunications provider.
History: En. Sec. 1, Ch. 452, L. 1991; amd. Sec. 1, Ch. 242, L. 1999; amd. Sec. 2, Ch. 374, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-736. Limits on liability of medical practitioner or dental hygienist who provides services without compensation

27-1-736. Limits on liability of medical practitioner or dental hygienist who provides services without compensation.
(1) A medical practitioner, as defined in 37-2-101, or a dental hygienist licensed under Title 37, chapter 4, who renders, at any site, any health care within the scope of the provider's license, voluntarily and without compensation, to a patient of a clinic, to a patient referred by a clinic, or in a community-based program to provide access to health care services for uninsured persons is not liable to a person for civil damages resulting from the rendering of the care unless the damages were the result of gross negligence or willful or wanton acts or omissions by the medical practitioner or dental hygienist. Each patient must be given notice that under state law the medical practitioner or dental hygienist cannot be held legally liable for ordinary negligence if the medical practitioner or dental hygienist does not have malpractice insurance.
(2) A physician participating in the Montana health corps act provided for in Title 37, chapter 3, part 8, is immune from liability as provided in 37-3-806.
(3) For purposes of this section:
(a) "clinic" means a place for the provision of health care to patients that is organized for the delivery of health care without compensation or that is operated as a health center under 42 U.S.C. 254b;
(b) "community-based program to provide access to health care services for uninsured persons" means a local program in which care is provided without compensation to individuals who have been referred through that community-based program and in which the medical practitioner or dental hygienist has entered into a written agreement to provide the service;
(c) "health care" has the meaning provided in 50-16-504;
(d) "without compensation" means that the medical practitioner or dental hygienist voluntarily rendered health care without receiving any reimbursement or compensation, except for reimbursement for supplies.
(4) Subsection (1) applies only to a medical practitioner or dental hygienist who:
(a) does not have malpractice insurance coverage because the medical practitioner or dental hygienist is retired or is otherwise not engaged in active practice; or
(b) has malpractice insurance coverage that has a rider or exclusion that excludes coverage for services provided under this section.
History: En. Sec. 1, Ch. 359, L. 1997; amd. Sec. 1, Ch. 406, L. 1999; amd. Sec. 1, Ch. 157, L. 2009; amd. Sec. 1, Ch. 705, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-748. Limitation of liability -- firearm hold agreement -- definition

27-1-748. Limitation of liability -- firearm hold agreement -- definition.
(1) No cause of action may arise against an individual or a private entity for returning a firearm to the firearm owner at the termination of a firearm hold agreement.
(2) The immunity provided in subsection (1) does not apply to an action arising from a firearm hold agreement if the action was the result of otherwise unlawful conduct on the part of the individual or private entity holding a firearm for another individual.
(3) As used in this section, "firearm hold agreement" means a written or oral agreement between a firearm owner and another individual or a private entity in which the other individual or private entity takes physical possession of the firearm owner's lawfully possessed firearm at the owner's request, holds the firearm for an agreed period of time, and returns the firearm to the owner according to the terms of the agreement.
History: En. Sec. 1, Ch. 414, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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, 45-5-705, 45-5-706, or 45-5-711 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; amd. Sec. 2, Ch. 167, L. 2023.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 8. Libel and Slander › 27-1-804. What communications are privileged

27-1-804. What communications are privileged.
A privileged publication is one made:
(1) in the proper discharge of an official duty;
(2) in any legislative or judicial proceeding or in any other official proceeding authorized by law;
(3) in a communication without malice to a person interested therein by one who is also interested or by one who stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication innocent or who is requested by the person interested to give the information;
(4) by a fair and true report without malice of a judicial, legislative, or other public official proceeding or of anything said in the course thereof.
History: En. Sec. 34, Civ. C. 1895; re-en. Sec. 3604, Rev. C. 1907; re-en. Sec. 5692, R.C.M. 1921; Cal. Civ. C. Sec. 47; Based on Field Civ. C. Sec. 31; re-en. Sec. 5692, R.C.M. 1935; R.C.M. 1947, 64-208.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 8. Libel and Slander › 27-1-811. When owner of radio station not liable for material broadcast

27-1-811. When owner of radio station not liable for material broadcast.
No person, firm, or corporation owning or operating a radio broadcasting station is liable under the law of defamation on account of having made its broadcasting facilities available to any person, including but not limited to a candidate for public office, for discussion of controversial or other subjects in the absence of proof of actual malice on the part of such owner or operator.
History: En. Sec. 1, Ch. 122, L. 1939; R.C.M. 1947, 64-205; amd. Sec. 10, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 8. Libel and Slander › 27-1-812. Right of owner to require prior submission of text to be broadcast

27-1-812. Right of owner to require prior submission of text to be broadcast.
Any person, firm, or corporation owning or operating a radio broadcasting station shall have the right but shall not be compelled to require the submission and permanent filing in such station of a copy of the complete address or other form of expression, if in words, intended to be broadcast over such station, not more than 48 hours before the time of the intended broadcast thereof.
History: En. Sec. 2, Ch. 122, L. 1939; R.C.M. 1947, 64-206.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 8. Libel and Slander › 27-1-813. Liability of person broadcasting -- liability of owner for broadcast prepared by station

27-1-813. Liability of person broadcasting -- liability of owner for broadcast prepared by station.
Nothing in 27-1-811 or 27-1-812 may be construed to relieve any person broadcasting over a radio station from liability under the law of defamation or to relieve any person, firm, or corporation owning or operating a radio broadcasting station from liability under the law of defamation on account of any broadcast prepared or made by a person, firm, or corporation or by any officer or employee of a radio station in the course of employment. Whenever an owner or operator of a radio station is liable on account of a broadcast and two or more broadcasting stations were connected simultaneously or by transcription, film, metal tape, or other approved or adapted use for joint operation in the making of the broadcast, liability is limited solely to the person, firm, or corporation owning or operating the radio station that originated the broadcast.
History: En. Sec. 3, Ch. 122, L. 1939; R.C.M. 1947, 64-207; amd. Sec. 11, Ch. 12, L. 1979; amd. Sec. 594, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 8. Libel and Slander › 27-1-814. Repealed

27-1-814. Repealed.
Sec. 62, Ch. 12, L. 1979.
History: En. Sec. 1, Ch. 159, L. 1961; amd. Sec. 1, Ch. 58, L. 1971; R.C.M. 1947, 64-207.1(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 8. Libel and Slander › 27-1-815. Repealed

27-1-815. Repealed.
Sec. 62, Ch. 12, L. 1979.
History: En. Sec. 1, Ch. 159, L. 1961; amd. Sec. 1, Ch. 58, L. 1971; R.C.M. 1947, 64-207.1(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 8. Libel and Slander › 27-1-816. Repealed

27-1-816. Repealed.
Sec. 62, Ch. 12, L. 1979.
History: En. Sec. 1, Ch. 159, L. 1961; amd. Sec. 1, Ch. 58, L. 1971; R.C.M. 1947, 64-207.1(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 8. Libel and Slander › 27-1-817. Repealed

27-1-817. Repealed.
Sec. 62, Ch. 12, L. 1979.
History: En. Sec. 1, Ch. 159, L. 1961; amd. Sec. 1, Ch. 58, L. 1971; R.C.M. 1947, 64-207.1(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 8. Libel and Slander › 27-1-818. Media management to be given opportunity to publish correction prior to action for libel or slander

27-1-818. Media management to be given opportunity to publish correction prior to action for libel or slander.
In order to claim punitive damages because of any defamatory publication in or broadcast on any newspaper, magazine, periodical, radio or television station, or cable television system, the defamed person shall first give those alleged to be responsible or liable for the publication or broadcast a reasonable opportunity to correct the defamatory matter. Such opportunity shall be given by notice in writing specifying the article or broadcast and the statements therein which are claimed to be false and defamatory and a statement of what are claimed to be the true facts. The notice may also state the sources, if any, from which the true facts may be ascertained with definiteness and certainty.
History: En. Sec. 1, Ch. 569, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 8. Libel and Slander › 27-1-819. What constitutes a reasonable time for correction

27-1-819. What constitutes a reasonable time for correction.
The first issue of a newspaper, magazine, or periodical published after the expiration of 1 week from the receipt of the notice provided for in 27-1-818 is within a reasonable time for correction. In the case of radio and television stations and cable television systems, a broadcast made at the same time of day as the broadcast complained of and of at least equal duration which is made within 7 days following receipt of such notice is within a reasonable time for correction.
History: En. Sec. 2, Ch. 569, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 8. Libel and Slander › 27-1-820. Content of correction

27-1-820. Content of correction.
To the extent that the true facts are, with reasonable diligence, ascertainable with definiteness and certainty, only a retraction constitutes a correction; otherwise the publication or broadcast of the defamed person's statement of the true facts or so much of the statement that is not defamatory of another, scurrilous, or otherwise improper for publication or broadcast, published or broadcast as the defamed person's statement, constitutes a correction within the meaning of 27-1-818 through 27-1-821.
History: En. Sec. 3, Ch. 569, L. 1979; amd. Sec. 595, Ch. 56, L. 2009.