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

Home Contact Site Map Bookmark Site Disclaimer

MONTANA

Negligence / Personal Injury
3 Years

with Occurrence Rule

Wrongful Death
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.
Malpractice (Other Professions)
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
Abolished.
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
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.
No-Fault Insurance
None
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

MANHATTAN OFFICE

111 John Street, 14th Floor
New York, NY 10038
Phone: 212.267.6700

LONG ISLAND OFFICE

6 Harbor Park Drive
Port Washington, NY 11050
Phone: 516.466.6500

NEW JERSEY OFFICE

375 Cedar Lane
Teaneck, NJ 07666
Phone: 973.297.1020

FLORIDA OFFICE

3301 Bonita Beach Road
Bonita Springs, Florida 34134
Phone: 239.390.1000