27-1-1605. (Temporary) Supplies, equipment, and products designed, manufactured, labeled, sold, distributed, and donated in response to covid-19. (1) A person who designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to covid-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from the design, manufacturing, labeling, selling, distributing, or donating of the household disinfecting or cleaning supplies, personal protective equipment, or a qualified product unless the person caused the personal injury, death, or property damage through an act or omission that constitutes gross negligence, willful and wanton misconduct, or an intentional tort.

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Terms Used In Montana Code 27-1-1605

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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, or any other legal or commercial entity. See Montana Code 27-1-1601
  • Personal protective equipment: includes protective clothing, gloves, face shields, goggles, face masks, respirators, gowns, aprons, coveralls, and other equipment designed to protect the wearer from injury or spread of infection or illness. See Montana Code 27-1-1601
  • Property: means real and personal property. See Montana Code 1-1-205
  • Qualified product: means and includes:

    (a)personal protective equipment and supplies used to treat covid-19 or to prevent the spread of covid-19;

    (b)medical devices, equipment, and supplies used to treat covid-19, including medical devices, equipment, and supplies that are used or modified for an unapproved use to treat covid-19 or to prevent the spread of covid-19;

    (c)medical devices, equipment, and supplies used outside of their normal use to treat covid-19 or to prevent the spread of covid-19;

    (d)medications used to treat covid-19, including medications prescribed or dispensed for off-label use to attempt to treat covid-19;

    (e)tests to diagnose or determine immunity to covid-19; and

    (f)a component of an item described in subsections (8)(a) through (8)(e). See Montana Code 27-1-1601

  • 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)A person who designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to covid-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from a failure to provide proper instructions or sufficient warnings unless the person caused the personal injury, death, or property damage through an act or omission that constitutes gross negligence, willful and wanton misconduct, or an intentional tort.

(3)This section supersedes 27-1-719 for product liability claims brought for damages caused in part by covid-19 as defined in 27-1-1601. (Terminates January 1, 2031–sec. 15, Ch. 2, L. 2021.)