Under Montana law, every government entity is subject to liability for its torts and those of its employees acting within the scope of their employment or duties, whether arising out of a governmental or proprietary function, except as expressly provided by the legislature under Article II, section 18, of The Constitution of the State of Montana. Kent v. City of Columbia Falls, 2015 MT 139, ¶¶ 55-56, 379 Mont. 190, 206, 350 P.3d 9, 20.

The legislature defined what constitutes a “claim” against a governmental entity in § 2–9–101(1), MCA, as follows:

“Claim” means any claim against a governmental entity, for money damages only, that any person is legally entitled to recover as damages because of personal injury or property damage caused by a negligent or wrongful act or omission committed by any employee of the governmental entity while acting within the scope of employment, under circumstances where the governmental entity, if a private person, would be liable to the claimant for the damages under the laws of the state.”

In other words, “if a private person would be liable to the plaintiff for the acts that were committed by the government, then the governmental entity would similarly be liable.” Kent , ¶ 39.

The limits of liability against Montana government actors are:

$750,000 for each claim, and
$1.5 million for each occurrence.

The state and other governmental entities are immune from exemplary and punitive damages.

Our experienced team can help determine who is responsible for harming you and can make it right. Call us today for a free consultation.

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