Montana

STATUTE OF LIMITATIONS

Personal Property
(Non-Tort): 2 Years

Personal Property
(Tort): 3 Years

Personal Injury: 3 Years

Breach of Contract (Written): 8 Years

Breach of Contract (Oral): 5 Years

Statute of Repose (Real Property): 10 Years

Statute of Repose (Products): N/A

Breach of Warranty
(Express): 4 Years

Breach of Warranty (Implied): 3 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

Notice must be filed within applicable statue of limitations period

PIP/MED PAY SUBROGATION

PIP: YES
MED PAY: YES

CONTRIBUTORY NEGLIGENCE

Modified Comparative – 51%
Plaintiff cannot recover if 51% or more at fault (if found to be 50% at fault, plaintiff can recover)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability: $2,500.00

Liable when child under 18 causes willful or malicious destruction to real or personal property (does not apply to damages caused to businesses)

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals

JOINT AND SEVERAL LIABILITY

Join and several liability for defendant who are more than 50% at fault
Several liability for defendants 50% or less at fault

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: NO

MADE WHOLE DOCTRINE

Applies

DEDUCTIBLE REIMBURSEMENT

Deductible must be demanded and reimbursed before an insurance carrier can subrogate

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.