{"id":"DUT-MT-014","kind":"duty","level":"state","jurisdiction":"Montana","state":"MT","metro":"","industry":"","agency":"","eco":"","issuer":"Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021","authority":"Mont. Code Ann. Title 27, ch. 1, part 16","instrument":"Mont. Code Ann. 27-1-1606 (SB 65 sec. 6)","title":"Affirmative defense -- reasonable measures consistent with regulations, orders, and public health guidance","dateIssued":"2021-02-10","effective":"2021-02-10","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","COND"],"addressees":["persons generally (every non-governmental entity); employers; owners or persons in control of premises"],"clause":"a person may assert as an affirmative defense that the person took reasonable measures consistent with a federal or state statute, regulation, order, or public health guidance related to covid-19 that was applicable to the person or activity at issue... (3) If a person proves the affirmative defense..., the affirmative defense is a complete bar to any action relating to covid-19.","enforcement":"Condition of the complete bar: reasonable measures consistent with the applicable governmental order or public health guidance; absent the defense, exposure to suit under 27-1-1602\u0027s gross-negligence standard","functions":[],"notes":"The Legislature made \u0027reasonable measures consistent with a federal or state statute, regulation, order, or public health guidance related to covid-19\u0027 the complete defense to every COVID-19 action, and by (2) provided that where two or more sources of guidance apply \u0027a person does not breach a duty of care if the person took reasonable measures consistent with one applicable set\u0027; compliance with the governmental protocols is thus the statutory benchmark of the duty of care. Stated exactly: (4) provides that \u0027This section may not be construed to impose liability on a person for failing to comply with a federal or state statute, regulation, order, or public health guidance related to covid-19\u0027, so the statute rewards compliance with a complete bar without making noncompliance liability per se.","sourceUrl":"https://archive.legmt.gov/bills/mca/title_0270/chapter_0010/part_0160/section_0060/0270-0010-0160-0060.html","snapshot":"","fileExists":true,"fileBytes":98224,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-MT","url":"/library/DUT-MT-014","exhibitUrl":"/exhibit/DUT-MT-014","citation":"Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, Mont. Code Ann. 27-1-1606 (SB 65 sec. 6) (Feb. 10, 2021) (Ex. DUT-MT-014)","stateName":"Montana","related":["DUT-MT-013","DUT-MT-027","DUT-MT-015","DUT-MT-016"]}