What is the statute of limitations for product liability in Montana?

3-year general personal injury statute applies. (Mont. Code Ann. § 27-2-204)

Montana law

Product Liability Laws in Montana.

Montana has adopted strict product liability under Mont. Code Ann. § 27-1-719. Plaintiffs may recover under strict liability, negligence, or breach of warranty theories. Montana imposes no cap on compensatory damages in product-liability cases. Punitive damages are available under the general Montana punitive cap (greater of $10M or 3% of net worth). Montana follows the Restatement (Second) Torts § 402A framework with a risk-utility design-defect analysis.

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

Damage Caps

Compensatory Damages: No cap

Montana does not cap compensatory damages in product-liability cases.

Punitive Damages: Greater of $10M or 3% of net worthMont. Code Ann. § 27-1-220

General punitive cap applies.

State law

Key Montana Statutes

Strict Product LiabilityMont. Code Ann. § 27-1-719

Product sellers are liable if the product was in a defective condition unreasonably dangerous to the user or consumer. Plaintiff must prove defect, causation, and damages.

Design Defect — Risk-UtilityMontana common law; McCracken v. Fluid Power Pac., 251 Mont. 37 (1991)

Montana applies the risk-utility test to design defect claims, weighing the product's risks against its utility and alternative designs.

Inherent Risk DefenseMont. Code Ann. § 27-1-719(4)

Product sellers are not liable for unavoidably unsafe products (e.g., prescription drugs, vaccines) where the product is properly prepared and accompanied by adequate warnings.

State law

Official Sources

Montana State Legislature

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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Product Liability Laws in Montana.

Statute of Limitations

Damage Caps

Key Montana Statutes

Official Sources

Not Legal Advice

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