Every governmental entity is subject to liability for its torts and those of its employees acting within the scope of their employment or duties whether arising out of a governmental or proprietary function except as specifically provided by the legislature under Article II, section 18, of The Constitution of the State of Montana.
Mont. Code Ann. § 2-9-102
Governmental entities liable for torts except as specifically provided by legislature
Applied in 3 court decisions — leading case Montana v. Gilham (1998)
Most recently applied in Meigs v. City of Livingston (June 2011)
En
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.