Montana § 50-16-1013 Civil Remedy

Montana Statutes

§ 50-16-1013 — Civil Remedy

Montana § 50-16-1013

Title 50HEALTH AND SAFETY

Ch. 16HEALTH CARE INFORMATION

Part 10AIDS Education and Prevention

This text of Montana § 50-16-1013 (Civil Remedy) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 50-16-1013 (2026).

Text

50-16-1013 . Civil remedy.

(1)A person aggrieved by a violation of this part has a right of action in the district court and may recover for each violation:

(a)against a person who negligently violates a provision of this part, damages of $5,000 or actual damages, whichever is greater;

(b)against a person who intentionally or recklessly violates a provision of this part, damages of $20,000 or actual damages, whichever is greater;

(c)reasonable attorney fees; and

(d)other appropriate relief, including injunctive relief.

(2)An action under this section must be commenced within 3 years after the cause of action accrues.

(3)The department may maintain a civil action to enforce this part in which the court may order any relief permitted under subsection (1).

(4)Nothing in this section l

Free access — add to your briefcase to read the full text and ask questions with AI

50-16-1013 . Civil remedy. (1) A person aggrieved by a violation of this part has a right of action in the district court and may recover for each violation:
(a) against a person who negligently violates a provision of this part, damages of $5,000 or actual damages, whichever is greater;
(b) against a person who intentionally or recklessly violates a provision of this part, damages of $20,000 or actual damages, whichever is greater;
(c) reasonable attorney fees; and
(d) other appropriate relief, including injunctive relief.
(2) An action under this section must be commenced within 3 years after the cause of action accrues.
(3) The department may maintain a civil action to enforce this part in which the court may order any relief permitted under subsection (1).
(4) Nothing in this section limits the rights of a subject of an HIV diagnostic test to recover damages or other relief under any other applicable law or cause of action.
(5) Nothing in this part may be construed to impose civil liability or criminal sanctions for disclosure of an HIV diagnostic test result in accordance with any reporting requirement for a diagnosed case of AIDS or an HIV-related condition by the department or the U.S. department of health and human services, centers for disease control and prevention.