Title 27, Title 27

(1) An injury is of two kinds: (a) to the person; and (b) to property. (2) An injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it. Every other injury is an injury to the person.

As a general rule, compensation is the relief or remedy provided by the law of this state for the violation of private rights and the means of securing their observance. Specific and preventive relief may be given only in those cases specified by statute.

As used in this part, "mental health professional" means: (1) a certified professional person as defined in 53-21-106; (2) a physician licensed under Title 37, chapter 3; (3) a psychologist licensed under Title 37, chapter 17; (4) an advanced practice registered nurse, as provide…

A mental health professional has a duty to warn of or take reasonable precautions to provide protection from violent behavior only if the patient has communicated to the mental health professional an actual threat of physical violence by specific means against a clearly identifie…

(1) No monetary liability and no cause of action may arise against any mental health professional for failing to predict, warn of, or take precautions to provide protection from a patient's threatened violent behavior unless the mental health professional has a duty to warn of vi…

This part may be cited as the "Montana Anti-Intimidation Act of 1996".

(1) This part seeks to address the growing problem of harassing and threatening behavior being undertaken by extremist individuals and groups in Montana. Numerous public officials and their families, voters, juries, individuals, and organizations have been targeted for intimidati…

(1) A public official, family member of a public official, juror, voter, individual, or organization that is injured, harmed, or otherwise aggrieved by the acts of another person in violation of 45-5-203, 45-7-102, or 45-7-209 has a civil cause of action against the person causin…

(1) As used in this section, the following definitions apply: (a) "Lien" means an encumbrance on property as security for the payment of a debt. (b) "Nonconsensual common-law lien" means a lien that: (i) is not provided for by a specific state or federal statute; (ii) does not de…

(Temporary) Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply: (1) "Covid-19" means the novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating from it,…

(Temporary) Liability. Except as provided in 27-1-1603 through 27-1-1608, a person is not liable for civil damages for injuries or death from or relating to exposure or potential exposure to covid-19 unless the civil action involves an act or omission that constitutes gross negli…

(Temporary) Premises owner's duty of care -- limited liability. (1) A person who possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises is not liable for civil da…

(Temporary) Liability of health care providers. A health care provider is not liable for civil damages for causing or contributing, directly or indirectly, to the death or injury of an individual as a result of the health care provider's acts or omissions while providing or arran…

(Temporary) Supplies, equipment, and products designed, manufactured, labeled, sold, distributed, and donated in response to covid-19. (1) A person who designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, personal protective e…

(Temporary) Affirmative defense -- reasonable measures consistent with regulations, orders, and public health guidance. (1) In addition to all other defenses, a person may assert as an affirmative defense that the person took reasonable measures consistent with a federal or state…

(Temporary) Limitation on action. A government order, regulation, or public health guidance related to covid-19 may not create and may not be construed to create a new cause of action against any person with respect to the matters contained in the government order, regulation, or…

(Temporary) Limitation on requirements. (1) If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires the use of a face mask, a person is not required to ensure face masks are being used or a face mask is sufficient to …

Detriment is a loss or harm suffered in person or property.

Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation for it in money, which is called damages. The measure of the damages recoverable from the person in fault for the reasonable value of medical servic…

Damages may be awarded in a judicial proceeding for detriment resulting after the commencement thereof or certain to result in the future.

When a breach of duty has caused no appreciable detriment to the party affected, the party may recover nominal damages.

(1) (a) Subject to subsection (2), in an action for recovery on an injury as defined in 27-1-106, a prevailing claimant is entitled to interest at a rate equal to the prime rate published by the federal reserve system in its statistical release H.15 Selected Interest Rates or in …

Each person who is entitled to recover damages certain or capable of being made certain by calculation and the right to recover that is vested in the person upon a particular day is entitled also to recover interest on the damages from that day except during the time that the deb…

In an action for the breach of an obligation not arising from contract and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury. This section does not apply in actions for recovery of damages arising from injury to a person or proper…

Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a verdict or other new obligation.

Accepting payment of the whole principal, as such, waives all claim to interest.

(1) Except as otherwise expressly provided by statute and subject to subsection (3), a judge or jury may award, in addition to compensatory damages, punitive damages for the sake of example and for the purpose of punishing a defendant. (2) (a) Unless otherwise expressly provided …

(1) Subject to the provisions of 27-1-220 and this section, reasonable punitive damages may be awarded when the defendant has been found guilty of actual fraud or actual malice. (2) A defendant is guilty of actual malice if the defendant has knowledge of facts or intentionally di…

(1) For wrongful injuries to animals, being subjects of property, committed willfully or by gross negligence in disregard of humanity, exemplary damages may be given. (2) As used in this section, "animals" includes ostriches, rheas, and emus.

If a person slays or permanently disables another person in a duel in this state, the person shall provide for the maintenance of the spouse and minor children of the person slain or permanently disabled in a manner and at a cost, either by aggregate compensation in damages to ea…

The damages prescribed by 27-1-204, 27-1-222, 27-1-223, and this part are exclusive of exemplary damages and interest except where those are expressly mentioned.

(1) Subject to subsection (2), damages must in all cases be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages contrary to substantial justice, no more than reasonable damages can be recovered. (2) In any act…

A person may not recover a greater amount in damages for the breach of an obligation than the person could have gained by the full performance of the obligation on both sides unless a greater recovery is specified by statute.

For the purpose of estimating damages, the value of an instrument in writing is presumed to be equal to that of the property to which it entitles the owner.

Where a certain property has a peculiar value to a person recovering damages for deprivation thereof or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof or against a willful wrongdoer.

The measure of damages in a case in which the cost of repairing a motor vehicle exceeds its value is the actual replacement value of the motor vehicle rather than its "book" value unless, after the damages arise, the parties agree to use the "book" value. "Book" value must be det…

As used in 27-1-308 and this section: (1) "Collateral source" means a payment for something that is later included in a tort award and that is made to or for the benefit of a plaintiff or is otherwise available to the plaintiff: (a) for medical expenses and disability payments un…

(1) (a) The purpose of this section is to abrogate the common law collateral source rule, court decisions, and all prior statutes applicable to determining the amounts recoverable by plaintiffs as damages for medical services or treatment. (b) This section does not modify duties …

In an action for breach of an obligation or duty arising from contract, recovery is prohibited for emotional or mental distress, except in those actions involving actual physical injury to the plaintiff. Emotional or mental distress, as used in this section, includes mental angui…

For the breach of an obligation arising from contract, the measure of damages, except when otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment which was proximately caused thereby or in the ordinary course of th…

The detriment caused by the breach of an obligation to pay money only is deemed to be the amount due by the terms of the obligation with interest thereon.

The detriment caused by the breach of a warranty of an agent's authority is considered to be the amount that could have been recovered and collected from the principal if the warranty had been complied with and the reasonable expenses of legal proceedings taken in good faith to e…

The detriment caused by the breach of an agreement to convey an estate in real property is considered to be the price paid and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon. If the breach was in bad faith and the a…

The detriment caused by the breach of an agreement to purchase an estate in real property is considered to be the excess, if any, of the amount that would have been due to the seller under the contract over the value of the property to the seller.

(1) The detriment caused by the breach of a covenant of seisin, of right to convey, of warranty, or of quiet enjoyment in a grant of an estate in real property is considered to be: (a) the price paid to the grantor or, if the breach is partial only, the proportion of the price th…