Negligence in Montana
State-specific overview · Tort Law
Montana follows traditional negligence rules with a three-year statute of limitations for personal injury claims.
How Montana treats Negligence
Montana courts apply the standard negligence framework: a plaintiff must prove the defendant owed a duty of care, breached that duty, and caused measurable damages. The state follows comparative negligence, allowing recovery even if the plaintiff bears some fault, as long as they are not more than 50% responsible. Montana's three-year statute of limitations (Mont. Code Ann. § 27-2-204) applies to most negligence actions, running from the date of injury.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.