Montana § 76-13-905 Liability

Montana Statutes

§ 76-13-905 — Liability

Montana § 76-13-905

Title 76LAND RESOURCES AND USE

Ch. 13TIMBER RESOURCES

Part 9Prescribed Fire Manager Certification and Liability

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Bluebook

Mont. Code Ann. § 76-13-905 (2026).

Text

76-13-905 . (Effective on occurrence of contingency) Liability. A certified prescribed fire manager or a landowner or landowner's agent using a certified prescribed fire manager who conducts a prescribed fire in compliance with this part and the rules adopted by the department is not liable for injury to or destruction of property arising from a wildfire, except to the extent evidence demonstrates that:

(1)an action or omission of the certified prescribed fire manager, landowner, or landowner's agent constituted negligence or a higher degree of fault; and

(2)the action or omission caused or contributed to the cause of the wildfire or caused or contributed to the wildfire spreading.

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76-13-905 . (Effective on occurrence of contingency) Liability. A certified prescribed fire manager or a landowner or landowner's agent using a certified prescribed fire manager who conducts a prescribed fire in compliance with this part and the rules adopted by the department is not liable for injury to or destruction of property arising from a wildfire, except to the extent evidence demonstrates that:
(1) an action or omission of the certified prescribed fire manager, landowner, or landowner's agent constituted negligence or a higher degree of fault; and
(2) the action or omission caused or contributed to the cause of the wildfire or caused or contributed to the wildfire spreading.