Montana Code 27-1-708. Liability of landowner to trespasser
27-1-708. Liability of landowner to trespasser. (1) Except as provided in subsection (2):
Terms Used In Montana Code 27-1-708
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- 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
(a)a landowner owes a trespasser no duty of care with respect to the condition of the property;
(b)a trespasser enters or remains on the trespassed property without any assurance that the property is safe for any purpose.
(2)(a) A landowner may be liable to a trespasser for an injury to person or property for an act or omission that constitutes willful or wanton misconduct.
(b)This section does not affect any immunities from or defense to civil liability established by another section of the Montana Code Annotated or available at common law to which a landowner may be entitled.
(3)As used in this section, the following definitions apply:
(a)”Landowner” means a person or private entity, including a landowner’s agent, tenant, lessee, occupant, grantee of conservation easement, water users’ association, and person or entities in control of the property or with an agreement to use or occupy the property.
(b)”Property” means privately owned real property of any kind. The term includes any improvements, buildings, structures, machinery, and equipment on the property.