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

Upon receipt of the claim, the statute of limitations is tolled for 120 days.

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