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Negligence / Personal Injury
3 Years3 year with Occurrence Rule
Products Liability
3 Years3 years with Discovery Rule
Wrongful Death
3 Years3 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 Years2 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 Years2 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 |
