Montana § 2-9-903 Duty Of Care -- Limited Liability

Montana Statutes

§ 2-9-903 — Duty Of Care -- Limited Liability

Montana·Title 2 GOVERNMENT STRUCTURE AND ADMINISTRATION·Ch. 9 LIABILITY EXPOSURE AND INSURANCE COVERAGE·Part 9 Limitations on Liability Relating to Covid-19

2-9-903 . (Temporary) Duty of care -- limited liability.

(1)A government entity that possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises, is not liable for civil damages for injuries or death sustained from the individual's exposure to covid-19, whether the exposure occurs on a premises or during an activity managed by the person who possesses or is in control of a premises, unless the civil action involves an act or omission that constitutes gross negligence, willful and wanton misconduct, or intentional tort.

(2)The standard established in subsection (1) applies in landlord-tenant claims made under 70-24-303 (1)(b) through (1)(d) for injuries or death sustained from

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2-9-903 . (Temporary) Duty of care -- limited liability. (1) A government entity that possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises, is not liable for civil damages for injuries or death sustained from the individual's exposure to covid-19, whether the exposure occurs on a premises or during an activity managed by the person who possesses or is in control of a premises, unless the civil action involves an act or omission that constitutes gross negligence, willful and wanton misconduct, or intentional tort.
(2) The standard established in subsection (1) applies in landlord-tenant claims made under 70-24-303 (1)(b) through (1)(d) for injuries or death sustained from an individual's exposure to covid-19.
(3) The standard established in subsection (1) is not violated by:
(a) a school district admitting students and up to six guests for each student to an extracurricular event including a graduation ceremony; or
(b) a school district or unit of the university system conducting in-person instruction or extracurricular activities. (Terminates December 31, 2031--sec. 12, Ch. 516, L. 2021.)

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