Montana Code 2-9-903. Duty of care — limited liability
2-9-903. (Temporary) Duty of care — limited liability. (1) A government entity that possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises, is not liable for civil damages for injuries or death sustained from the individual’s exposure to covid-19, whether the exposure occurs on a premises or during an activity managed by the person who possesses or is in control of a premises, unless the civil action involves an act or omission that constitutes gross negligence, willful and wanton misconduct, or intentional tort.
Terms Used In Montana Code 2-9-903
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Government entity: means the state and political subdivisions, including but not limited to:
(a)political subdivisions as defined in 2-9-101(5);
(b)the legislature, legislative committees, and legislators acting in their official capacity; and
(c)employees of the state or a political subdivision. See Montana Code 2-9-901
- Person: means an individual, corporation, nonprofit corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, place of worship, personal representative, trustee, government entity, or any other legal or commercial entity. See Montana Code 2-9-901
- Premises: includes any real property and any appurtenant building or structure, as well as any other location, vehicle, or place serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose. See Montana Code 2-9-901
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(2)The standard established in subsection (1) applies in landlord-tenant claims made under 70-24-303(1)(b) through (1)(d) for injuries or death sustained from an individual’s exposure to covid-19.
(3)The standard established in subsection (1) is not violated by:
(a)a school district admitting students and up to six guests for each student to an extracurricular event including a graduation ceremony; or
(b)a school district or unit of the university system conducting in-person instruction or extracurricular activities. (Terminates December 31, 2031–sec. 12, Ch. 516, L. 2021.)