{"id":"DUT-MT-013","kind":"duty","level":"state","jurisdiction":"Montana","state":"MT","metro":"","industry":"","agency":"","eco":"","issuer":"Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, approved by Governor Gianforte Feb. 10, 2021","authority":"Mont. Const. art. V; Mont. Code Ann. Title 27, ch. 1, part 16 (Covid-19 Liability)","instrument":"Mont. Code Ann. 27-1-1602 (SB 65 sec. 2)","title":"Liability (COVID-19 civil liability protection)","dateIssued":"2021-02-10","effective":"2021-02-10 (effective on passage and approval per the Governor\u0027s release, Ex. MT-087, secondary)","end":"Terminates January 1, 2031 (sec. 15, Ch. 2, L. 2021)","startDate":"2021-02-10","endDate":"2031-01-01","quarters":["2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP","OTHER"],"addressees":["persons generally (every non-governmental entity); employers; owners or persons in control of premises (27-1-1603); health care providers (27-1-1604)"],"clause":"Except as provided in 27-1-1603 through 27-1-1608, a person is not liable for civil damages for injuries or death from or relating to exposure or potential exposure to covid-19 unless the civil action involves an act or omission that constitutes gross negligence, willful and wanton misconduct, or intentional tort. (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)","enforcement":"Civil liability standard: exposure to suit for gross negligence, willful and wanton misconduct or intentional tort; the complete bar of 27-1-1606 is available only to the person who took reasonable measures consistent with applicable orders or guidance","functions":[],"notes":"From February 10, 2021 every Montana \u0027person\u0027 (defined in 27-1-1601(4) to include corporations, LLCs, partnerships, associations, places of worship and every other legal or commercial entity, but not a government entity) answered for COVID-19 exposure only on a gross-negligence standard, and 27-1-1603 applied the same standard to \u0027A person who possesses or is in control of a premises\u0027; the measure of ordinary care against which gross negligence is judged is supplied by 27-1-1606: reasonable measures consistent with governmental orders and public health guidance (DUT-MT-014).","sourceUrl":"https://archive.legmt.gov/bills/mca/title_0270/chapter_0010/part_0160/section_0020/0270-0010-0160-0020.html","snapshot":"","fileExists":true,"fileBytes":91225,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-MT","url":"/library/DUT-MT-013","exhibitUrl":"/exhibit/DUT-MT-013","citation":"Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, approved by Governor Gianforte Feb. 10, 2021, Mont. Code Ann. 27-1-1602 (SB 65 sec. 2) (Feb. 10, 2021) (Ex. DUT-MT-013)","stateName":"Montana","related":["MT-087","DUT-MT-014","MT-021","DUT-MT-027"]}