Mont. Code Ann. § 27-1-702

Comparative negligence -- extent to which contributory negligence bars recovery in action for damages

Applied in 7 court decisions — leading case Scott v. Rizzo (1981)

Most recently applied in 56 F. Supp. 3d 1194 - WBI Energy Transmission, Inc. v. Colony Insurance (September 2014)

En. 58-607.1 by Sec. 1, Ch. 60, L. 1975; R.C.M. 1947, 58-607.1; amd

How often courts cite this section

citing decisions per year

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.

(Temporary)

Contributory negligence does not bar recovery in an action by a person or the person's legal representative to recover damages for negligence resulting in death or injury to the person or property if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons against whom recovery is sought, but any damages allowed must be diminished in the proportion to the percentage of negligence attributable to the person recovering. (Terminates on occurrence of contingency--sec. 11(2), Ch. 429, L. 1997.)

(Effective on occurrence of contingency)

Contributory fault does not bar recovery in an action by a person or a person's legal representative to recover tort damages for death of a person or injury to a person or property if the contributory fault was not greater than the fault of the defendant or the combined fault of all defendants and nonparties, but damages allowed must be diminished in proportion to the percentage of fault attributable to the person recovering.

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.