Comparative Negligence in Montana
State-specific overview · Tort Law
Montana uses pure comparative negligence; you recover damages even if you are 99% at fault.
How Montana treats Comparative Negligence
Montana allows plaintiffs to recover damages proportional to their degree of fault under pure comparative negligence rules. If you are found 80% at fault and the defendant 20%, you recover 20% of your damages. This rule applies in both negligence and strict liability cases, giving injured parties broad recovery opportunities regardless of their own contribution to the harm.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Montana.