Covid-19 Tolling of Statutes of Limitations in Montana
With the COVID-19 pandemic sweeping the United States and the rest of the world, many states have been forced to make adjustments to their statutes of limitations by either suspending cases or instituting an extension. However, Governor Stephen C. Bullock and the courts have so far remained silent when it comes to the issue of the statute of limitations in Montana.
What Are The Statute Of Limitations In Montana?
Whether you’re filing a claim for personal injury, fraud, wrongful death, or any other type of case, it’s important to know the statutes of limitations. These are deadlines set by the state government that dictate how long you have to file a lawsuit. The time limits for each vary from state to state, so it’s important to gain an understanding of your own state’s time frames.
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Statute of Repose
Construction: 10 Years from completion of improvement of real property. This has been interpreted to apply to damage caused by a defective product that is related to the improvement.Mont. Stat. §27-2-208.
Products: None.
Negligence / Personal Injury
3 Years
(1) Except as provided in 27-2-216 and 27-2-217, the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years. Mont. Code Ann. § 27-2-204
Toxic Tort
3 Years (1) Except as provided in 27-2-216 and 27-2-217, the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years.
(2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years. Mont. Code Ann. § 27-2-204
In recognizing that when an injury is self-concealing, the statute of limitations is tolled until a plaintiff discovers her injury, or until she should have discovered her injury with the use of due diligence
Nelson v. Nelson, 2002 MT 151, 310 Mont. 329, 334, 50 P.3d 139, 143
Wrongful Death
3 Years
The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years. Mont. Code Ann. § 27-2-204
Medical Malpractice
3 Years (1) Action in tort or contract for injury or death against a physician or surgeon, dentist, registered nurse, nursing home or hospital administrator, dispensing optician, optometrist, licensed physical therapist, podiatrist, psychologist, osteopath, chiropractor, clinical laboratory bioanalyst, clinical laboratory technologist, pharmacist, veterinarian, a licensed hospital or long-term care facility, or licensed medical professional corporation, based upon alleged professional negligence or for rendering professional services without consent or for an act, error, or omission, must, except as provided in subsection (2), be commenced within 3 years after the date of injury or within 3 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs last, but in no case may an action be commenced after 5 years from the date of injury. However, this time limitation is tolled for any period during which there has been a failure to disclose any act, error, or omission upon which an action is based and that is known to the defendant or through the use of reasonable diligence subsequent to the act, error, or omission would have been known to the defendant. Mont. Code Ann. § 27-2-205
Products Liability
3 Years
(1) Except as provided in 27-2-216 and 27-2-217, the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years. Mont. Code Ann. § 27-2-204
Discovery:
A three-year statute of limitations does indeed apply to tort claims or products liability claims. Section 27-2-204, MCA. The law sets such statutes of limitations as an equitable measure intended to prevent the litigation of stale claims by requiring that a party file a claim within a reasonable period of time while the evidence supporting the claim is still fresh. E.W. v. D.C.H. (Mont.1988), 754 P.2d 817, 819, 45 St.Rep. 778, 780. The statute of limitations in any given case generally begins to run upon the occurrence of the last wrongful act relevant to the cause of action. The statute of limitations is not tolled until a plaintiff discovers her legal right to bring an action for known injuries. The statute also is not tolled until a plaintiff learns the facts out of which a known cause of action arose. Bennett v. Dow Chemical Co. (1986), 220 Mont. 117, 713 P.2d 992, 994, 43 St.Rep. 221, 224. This Court has, however, tolled the statute of limitations until a plaintiff discovers the injury, or until he should **962 have discovered the injury with the use of due diligence, if the injury is self-concealing. Johnson v. St. Patrick’s Hosp. (1966), 148 Mont. 125, 417 P.2d 469. A statute of limitations has even been tolled until the legal cause of an injury is determined, although the injury itself is apparent, if equity so demands. Hornung v. Richardson-Merrill, Inc. (D.Mont.1970), 317 F.Supp. 183.
Hando v. PPG Indus., Inc., 236 Mont. 493, 501, 771 P.2d 956, 961-62 (1989)
Fraud
2 Years The period prescribed for the commencement of an action for relief on the ground of fraud or mistake is within 2 years, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Mont. Code Ann. § 27-2-203
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
https://app.doj.mt.gov/apps/Oscar/default.aspx
Consumer Line: (406) 444-4500
Toll-free: (800) 481-6896