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

MONTANA

Negligence / Personal Injury

3 year with Occurrence Rule

Wrongful Death

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

Medical Malpractice

3 years with Discovery Rule. SOR: 5 years for foreign object in medical 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.

Malpractice (Other Professions)

3 years. SOR: 10 years for legal malpractice.

Products Liability

3 years with Discovery Rule

Intentional Torts

2 years

Fraud

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

Municipal Liability/Sovereign Immunity

6 months or 1 year SOL. Sovereign immunity is abolished. (6 months for claims against counties which have been rejected by county commissioner.)

Discovery Rule

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

Comparative Negligence

Applies.

Charitable Immunity

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

Disabilities

Minority (18th birthday), incompetence, or insanity allowed to a maximum of 5 years, except in case of infancy. SOL does not run during absence or concealment of defendant.

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.
 

Other Relevant Information

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.

Consumer Fraud Complaint

Montana Attorney General, Consumer Protection
http://www.mt.gov/doa/consumerprotection/default.asp
(406) 444-2026
(406)444-3549