Contributory Negligence in Montana
State-specific overview · Tort Law
Montana uses comparative negligence; you recover unless your negligence exceeds the defendant's.
How Montana treats Contributory Negligence
Montana follows a modified comparative negligence rule where a plaintiff can recover damages as long as their negligence does not exceed the defendant's negligence. If you are 49% at fault and the defendant is 51% at fault, you can still recover, but your award is reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover anything. This rule applies in most civil cases involving negligence.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory 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.