Montana Code 27-1-521. Private right of action
27-1-521. Private right of action. (1) A minor who attends a performance in violation of 45-8-118 or 20-7-135 may bring an action against a person who knowingly promotes, conducts, or participates as a performer in the performance. The minor’s parent or legal guardian may bring an action in the name of the minor for an action commenced under this section.
Terms Used In Montana Code 27-1-521
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(2)If a person prevails in an action brought under this section, the court shall award:
(a)actual damages, including damages for psychological, emotional, economic, and physical harm;
(b)reasonable attorney fees and costs incurred in bringing the action; and
(c)statutory damages of $5,000.
(3)A person may bring an action under this section not later than 10 years from the date the cause of action accrues.