Montana Code 10-3-912. Liability — immunity
10-3-912. Liability — immunity. (1) All activities performed pursuant to a request for assistance as provided for in this part are considered to be governmental functions.
Terms Used In Montana Code 10-3-912
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Member jurisdiction: means the state of Montana or a political subdivision or a federally recognized Indian tribe that participates in the system. See Montana Code 10-3-903
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- System: means the Montana intrastate mutual aid system provided for in 10-3-906. See Montana Code 10-3-903
(2)Except as provided in 10-3-911, a person responding to a request for assistance who is under the operational control of the requesting member jurisdiction, as provided for in 10-3-908, is considered for the purposes of liability to be an employee of the requesting member jurisdiction.
(3)Except in the case of willful misconduct, gross negligence, or bad faith, the member jurisdiction or an employee of the member jurisdiction is immune from liability for the death of or injury to any person or for damage to property if the member jurisdiction or the employee of the member jurisdiction is complying with or attempting to comply with the system.