Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

MONTANA

Negligence / Personal Injury

3 Years 3 year with Occurrence Rule

Products Liability

3 Years 3 years with Discovery Rule

Wrongful Death

3 Years 3 years with same tolling provision exemption as Negligence/Personal Injury

Medical Malpractice

3 years with Discovery Rule, maximum of 5 years for foreign object in medical cases, 10 years in legal cases. These rules apply to minors that are four years of age and older. In the case of minors under four, the statute begins to run on the minor’s eighth birthday.

Intentional Torts

2 Years 2 years

Other Statutes of Limitations

3 years: If injury or death to infant under 4, statute runs from 8th birthday, whichever occurs first.  Suits for sexual abuse of an infant, 3 years from discovery.

Fraud

2 Years 2 Years.  Claim does not accrue until discovery of facts constituting fraud or mistake.

Discovery Rule

SOL runs from time injury is, or should have been, discovered. See special rules for malpractice cases. 

Counties

6 months for claims against counties which have been rejected by county commissioner.

Disabilities

Minority (18th birthday), incompetence, or insanity allowed to a maximum of 5 years, except in case of infancy

Comparative Negligence

Applies.

Charitable Immunity

Although not abrogated by statute, Federal Court has imposed such liability.

Sovereign Immunity

Abolished.

Punitive Damages

Plaintiff must present clear and convincing evidence. Reasonable punitive damages can be awarded where defendant is found guilty of actual fraud or actual malice, including wanton disregard.
Caps: $10 million, or 3% of defendant’s net worth – except in class actions.

Consumer Fraud Complaint

Montana Attorney General, Consumer Protection
(406) 444-4500