Title 27, Title 27

One who obtains a thing without the consent of its owner, by a consent later rescinded, or by an unlawful exaction that the owner could not at the time prudently refuse shall restore the thing to the person from whom it was obtained unless the person has acquired a title to the t…

(1) Any person licensed as a physician and surgeon under the laws of the state of Montana, any volunteer firefighter or officer of any nonprofit volunteer fire company, any search and rescue volunteer, or any other person who in good faith renders emergency care or assistance wit…

(1) The owner of a dog that without provocation bites a person or service animal while the person or service animal is on or in a public place or lawfully on or in a private place located within an incorporated city or town is liable for damages that may be suffered by the person…

(1) As used in this section, the following definitions apply: (a) "Canned food" means any food that has been commercially processed and prepared for human consumption. (b) "Donor" means any processor, distributor, wholesaler, or retailer of perishable or canned foods or farmer or…

(1) A person who issues a check, draft, converted check, electronic funds transfer, or order for the payment of money is liable for a service charge, as provided in subsection (2), or for damages in a civil action, as provided in subsection (3), to the payee to whom the check, dr…

(1) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any store or other mercantile establishment without the consent of the owner or seller and with the intention of converting the goods to the taker's own use…

(Temporary) Liability of seller of product for physical harm to user or consumer. (1) A person who sells a product in a defective condition that is unreasonably dangerous to a user or consumer or to the property of a user or consumer is liable for physical harm caused by the prod…

(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 inju…

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 …

(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 f…

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.

(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 da…

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 …

As used in 27-1-725 through 27-1-727, the following definitions apply: (1) "Engage in an equine activity" means to ride, train, drive, or be a passenger upon an equine, whether mounted or unmounted, or to assist a participant, equine activity sponsor, or equine professional. The …

(1) Except as provided in subsections (2) through (4), 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 sha…

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.

(1) As used in this section: (a) "ditch company" means a private, not-for-profit irrigation ditch or water user cooperative, corporation, association, or organization; (b) "employee" means a director, officer, or employee of a ditch company. (2) An employee of a ditch company is …

(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 …

(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…

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 fo…

(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 p…

(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 referre…

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…

(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 ne…

(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 residen…

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 m…

As used in 27-1-741 through 27-1-745 [and 27-1-749], the following definitions apply: (1) (a) "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…

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 accide…

(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, drop, or expel an object from or toward an amusement ride; (c)…

(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 own…

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…

(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 secti…

(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…

(1) All amusement rides must be inspected by a qualified inspector at least once every 12 months, measured from the date the previous inspection certificate was issued. (2) An amusement ride may not be operated for the public if a qualified inspector has not issued an inspection …

Sections 27-1-751 through 27-1-754 may be cited as the "Montana Recreation Responsibility Act".

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 …

(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…

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,…

(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 …

In medical malpractice actions, the foreseeability of risks or of a specific risk does not change or heighten the duty owed beyond the reasonable standard of care applicable to the medical provider.

Defamation is effected by: (1) libel; (2) slander.

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…

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 dir…

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 inte…

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 cont…

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…