Montana Code 76-10-106. Restriction on liability of landowner
76-10-106. Restriction on liability of landowner. (1) A person who uses private property for wildcrafting purposes, with or without permission, does so without any assurance from the landowner that the property is safe for any purpose. The landowner owes the person no duty of care with respect to the condition of the property, except that the landowner is liable to the person for any injury to person or property for an act or omission that constitutes willful or wanton misconduct.
Terms Used In Montana Code 76-10-106
- Landowner: means a person or entity of any nature, whether private, governmental, or quasi-governmental, and includes the landowner's agent, tenant, lessee, or occupant, a grantee of a conservation easement, a water users' association, an irrigation district, a drainage district, or persons or entities in control of property or with an agreement to use or occupy property. See Montana Code 76-10-102
- Person: includes an individual, partnership, association, corporation, and any other body or group of persons, whether incorporated or not and regardless of the degree of formal organization. See Montana Code 76-10-102
- Property: means land, roads, water, watercourses, and private ways. See Montana Code 76-10-102
(2)A person who uses public property for wildcrafting purposes, with or without permission, does so without any assurance from the landowner that the property is safe for any purpose. The landowner owes the person no duty of care with respect to the condition of the property, except that the landowner is liable to the person for any injury to person or property for an act or omission that constitutes willful or wanton misconduct.