The COVID Project
The record
- Jurisdiction
- Montana
- Level
- State
- Authority
- Mont. Const. art. V; Mont. Code Ann. Title 27, ch. 1, part 16 (Covid-19 Liability)
- Issued
- 2021-02-10 Feb. 10, 2021
- Effective
- 2021-02-10 (effective on passage and approval per the Governor's release, Ex. MT-087, secondary) (read as 2021-02-10)
- End
- Terminates January 1, 2031 (sec. 15, Ch. 2, L. 2021) (read as 2031-01-01)
- In force
- Feb. 10, 2021 to Jan. 1, 2031
- Quarters
- 2021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding dutyOther
- Addressees
- persons generally (every non-governmental entity); employers; owners or persons in control of premises (27-1-1603); health care providers (27-1-1604)
- Character
- liability shield condition
- Collection
- Standing duties: Montana DUT-MT
Operative words
Except as provided in 27-1-1603 through 27-1-1608, a person is not liable for civil damages for injuries or death from or relating to exposure or potential exposure to covid-19 unless the civil action involves an act or omission that constitutes gross negligence, willful and wanton misconduct, or intentional tort. (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
Penalty
Civil liability standard: exposure to suit for gross negligence, willful and wanton misconduct or intentional tort; the complete bar of 27-1-1606 is available only to the person who took reasonable measures consistent with applicable orders or guidance
What it required
From February 10, 2021 every Montana 'person' (defined in 27-1-1601(4) to include corporations, LLCs, partnerships, associations, places of worship and every other legal or commercial entity, but not a government entity) answered for COVID-19 exposure only on a gross-negligence standard, and 27-1-1603 applied the same standard to 'A person who possesses or is in control of a premises'; the measure of ordinary care against which gross negligence is judged is supplied by 27-1-1606: reasonable measures consistent with governmental orders and public health guidance (DUT-MT-014).
Retrieval noteThe enrolled bill PDF was not reachable on the Legislature's sites in this run (404 at leg.mt.gov and archive.legmt.gov billpdf paths); the codified sections 27-1-1601 to -1608 were read in full. The Governor's Feb. 12, 2021 Directive (Ex. MT-021) followed SB 65's approval by two days and let the mask mandate expire while telling Montanans they 'should follow the best industry practices adopted by any business they visit'.