Montana § 39-71-413 Liability Of Employer Or Fellow Employee For Intentional And Deliberate Acts -- Additional Cause Of Action -- Intentional Injury Defined

Montana Statutes

§ 39-71-413 — Liability Of Employer Or Fellow Employee For Intentional And Deliberate Acts -- Additional Cause Of Action -- Intentional Injury Defined

Montana § 39-71-413

Title 39LABOR

Ch. 71WORKERS' COMPENSATION

Part 4Coverage, Liability, and Subrogation

This text of Montana § 39-71-413 (Liability Of Employer Or Fellow Employee For Intentional And Deliberate Acts -- Additional Cause Of Action -- Intentional Injury Defined) 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. § 39-71-413 (2026).

Text

39-71-413 . Liability of employer or fellow employee for intentional and deliberate acts -- additional cause of action -- intentional injury defined.

(1)(a) If an employee is intentionally injured by an intentional and deliberate act of the employee's employer or by the intentional and deliberate act of a fellow employee while performing the duties of employment, the employee or in case of death the employee's heirs or personal representatives, in addition to the right to receive compensation under the Workers' Compensation Act, have a cause of action for damages against the person whose intentional and deliberate act caused the intentional injury.

(b)For the purposes of this section, the standard of proof for an act to be determined to be intentional and deliberate is clear and convinci

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39-71-413 . Liability of employer or fellow employee for intentional and deliberate acts -- additional cause of action -- intentional injury defined. (1) (a) If an employee is intentionally injured by an intentional and deliberate act of the employee's employer or by the intentional and deliberate act of a fellow employee while performing the duties of employment, the employee or in case of death the employee's heirs or personal representatives, in addition to the right to receive compensation under the Workers' Compensation Act, have a cause of action for damages against the person whose intentional and deliberate act caused the intentional injury.
(b) For the purposes of this section, the standard of proof for an act to be determined to be intentional and deliberate is clear and convincing evidence.
(2) An employer is not vicariously liable under this section for the intentional and deliberate acts of an employee.
(3) As used in this section, "intentional injury" means an injury caused by an intentional and deliberate act that is specifically and actually intended to cause injury to the employee injured and there is actual knowledge that an injury is certain to occur.

Legislative History

En. 92-204.1 by Sec. 1, Ch. 493, L. 1973; amd. Sec. 2, Ch. 550, L. 1977; R.C.M. 1947, 92-204.1(part); amd. Sec. 1, Ch. 229, L. 2001; amd. Sec. 1, Ch. 148, L. 2013.