The COVID Project
The record
- Jurisdiction
- Montana
- Level
- State
- Authority
- Mont. Code Ann. Title 27, ch. 1, part 16
- Issued
- 2021-02-10 Feb. 10, 2021
- Effective
- 2021-02-10
- End
- Terminates January 1, 2031 (sec. 15, Ch. 2, L. 2021) (read as 2031-01-01)
- In force
- Feb. 10, 2021 to Jan. 1, 2031
- Quarters
- 2021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding dutyOperating condition
- Addressees
- persons generally (every non-governmental entity); employers; owners or persons in control of premises
- Character
- liability shield condition
- Collection
- Standing duties: Montana DUT-MT
Operative words
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.
Penalty
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's gross-negligence standard
What it required
The Legislature made 'reasonable measures consistent with a federal or state statute, regulation, order, or public health guidance related to covid-19' the complete defense to every COVID-19 action, and by (2) provided that where two or more sources of guidance apply 'a person does not breach a duty of care if the person took reasonable measures consistent with one applicable set'; compliance with the governmental protocols is thus the statutory benchmark of the duty of care. Stated exactly: (4) provides that 'This 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', so the statute rewards compliance with a complete bar without making noncompliance liability per se.
Retrieval note27-1-1607 (read; not saved): a government order, regulation or public health guidance 'may not create and may not be construed to create a new cause of action against any person with respect to the matters contained in' it. The Montana structure differs from Texas SB 6 and Alaska HB 76, which condition immunity on compliance; Montana grants immunity absent gross negligence and makes compliance a complete bar. Drafters plead it as the Legislature's declaration that conduct consistent with governmental orders and guidance is the measure of reasonable care.