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Montana

Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 9

Med Pay Subrogation - Yes

PIP Subrogation - Yes


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 8 years
Personal Property 2 years
Personal Injury 3 years
Warranty N/A
Breach of Express Warranty 4 years
Breach of Implied Warranty 3 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - NO

Suspend Owner's License - NO


Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

Wage attachment allowed.  There is no continuous garnishment for employees provided by the Montana Legislature. The wage exemption statute is identical to the Federal exemption statute and an execution writ is good for 60 days
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $2,500
Liability imposed when child willfully or maliciously damages property (does not apply to damages done to businesses)
 


Subrogation by Landlord's Carrier against Tenant

NO

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