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Montana law

Premises Liability Laws in Montana.

Montana premises liability follows traditional invitee/licensee/trespasser categories. Landowners owe invitees a duty of reasonable care, including inspection and warning; licensees a duty to warn of known dangers; and trespassers a duty to avoid willful or wanton conduct. Montana's 51% modified comparative fault rule applies. Montana has strong Recreational Use immunity (Mont. Code Ann. § 70-16-301 et seq.) given the state's significant recreational land use. Montana also maintains a dog-bite statute requiring proof of knowledge of the dog's dangerous propensities (one-bite rule).

Last verified: 2026-04-17

State law

Statute of Limitations

3 yearsMont. Code Ann. § 27-2-204

3-year general personal injury statute applies.

State law

Fault & Liability Rules

Modified Comparative Fault (51% Bar)Mont. Code Ann. § 27-1-702

Plaintiff's fault reduces recovery. Plaintiff at 51% or more fault recovers nothing.

State law

Key Montana Statutes

Invitee DutyMontana common law

Landowners owe invitees (business visitors) a duty of reasonable care, including inspection, warning, and making the premises reasonably safe.

Recreational Use ImmunityMont. Code Ann. § 70-16-301 et seq.

Landowners who permit free recreational use of their land owe no duty to keep the premises safe and are not liable absent willful or wanton conduct. Important protection given Montana's significant hunting, fishing, and access culture.

Dog Bite (Common Law / One-Bite Rule)Montana common law

Montana does not have a strict-liability dog-bite statute. Plaintiffs must prove the owner knew or should have known of the dog's dangerous propensities (the "one-bite rule"), or prove negligence in control of the animal.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Montana.

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