Montana Tort Laws

A tort is a legal wrong where someone’s intentional or negligent actions violate another person’s rights. Unlike personal injury cases, which primarily address physical or emotional harm to individuals, torts also encompass property damage. 

In the notable tort case of Phillips v. General Motors Corp. (2000), Phillips, representing a lone crash survivor and deceased parents, sued General Motors in Montana's federal court for personal injury, product liability, and wrongful death. The Montana Supreme Court, applying the Restatement (Second) of Conflict of Laws, favored state laws using the 'most significant relationship' principle. Key factors were the accident site and the Montana residency of the plaintiffs, underscoring the state's strong ties to the case.

Meanwhile, Montana’s significant rise to rank seven in the 2019 Lawsuit Climate Survey indicates marked improvements in its legal environment, particularly in discovery and tort and contract litigation. 

The following article offers an in-depth review of Montana tort laws. It discusses the different tort categories and explains the nature of mass torts. It further outlines the time limitations for filing claims and caps on damages. Additionally, the article provides insight into various support systems for individuals affected by torts, equipping readers with a thorough understanding of the legal pathways available in the Treasure State.

Basic Tort Categories in Montana

Negligent Torts

When a person fails to uphold the required standard of care and causes foreseeable damage or injury, they could be held responsible for a negligent tort. Liability in this tort is proven by establishing that the accused had a duty, breached this duty through inadequate care, and directly caused damages. 

For instance, if an individual neglects their responsibility to watch a child and the child suffers harm, they could face charges of negligence. Similarly, if an individual aids a drunk person into a vehicle, leading to an accident, they could be held liable for the predictable risk and subsequent injury.

Intentional Torts

An intentional tort occurs when an offender commits a wrongful act with the awareness that it could lead to harm. The intent behind such actions does not always aim at a particular consequence. Instead, it involves an understanding that one’s conduct might inflict damage or is justified under certain conditions. 

Some examples of intentional torts are assault, wrongful legal action, and defamation through spoken (slander) or written (libel) means. Each type is dependent on specific circumstances and provides affected parties with different legal options. As for the responsible party, possible defenses include situations where they defend themselves, other people, or property, or when the victim consents.

Strict Liability Torts

In strict liability torts, individuals or entities are obligated to compensate victims for their losses, regardless of fault or intent. The plaintiff only has to establish the occurrence of the tort and the defendant’s liability. Often seen in incidents involving defective products or risky activities, strict or absolute liability does not consider the defendant’s carefulness or innocence. 

An example of a situation illustrating this tort category is when a company undertook a highway construction project that required blasting rock with dynamite. Even though the employees followed all safety regulations and industry standards, rock fragments from the blast damaged a nearby house. Under strict liability, the company was held liable for the damage caused.

Other Tort Categories in Montana

Economic Tort

Economic or business torts are legal infractions harming a firm’s intangible assets, including commercial ties or intellectual property. Common examples include:

• Unfair competition, which includes actions like trademark infringement and tortious interference with business or contractual ties.

• Breach of fiduciary duty, which occurs when trusted parties act against interests they are supposed to protect.

• Misrepresentation, which occurs when parties make false statements to induce actions.

Nuisance

A nuisance refers to anything harmful to health, offensive to the senses, or obstructing the unrestricted use of property, impeding the comfortable enjoyment of life or property. Examples of nuisances include obstructions to public waterways, parks, or roads. For instance, excessive noise, polluting factories, or overgrown vegetation blocking a street could constitute a nuisance. However, actions authorized by statute, long-standing agricultural operations, and noises from shooting ranges during operational hours do not qualify as nuisances.

Tort vs. Crime in Montana

A tort is a civil infringement that reaches the court as a private lawsuit. A crime, on the other hand, is an offense prosecuted by the state, representing the broader public’s stance against the offender. When found responsible for a tort, the defendant must pay the victim for the harm caused. 

If proven guilty of a crime, the accused faces jail time, probation, or a fine from the government as a form of punishment for their actions. While some behaviors constitute both torts and crimes, not every tort reaches the level of criminality since they often do not involve incarceration or government fines. 

Common law is the source of tort laws, which have evolved via judicial decisions with the primary goal of compensating victims for damages. Criminal law seeks to deter and punish illegal activity. Additionally, there are differences in the proof needed for torts and crimes. Criminal proceedings depend on proving guilt beyond a reasonable doubt, often taking the accused’s intent into account. In civil cases, the plaintiff must show, through a preponderance of evidence, that the defendant's wrongful act caused them a loss deserving of compensation.

Mass Torts in Montana

In Montana mass torts, numerous parties gather to file legal action against one or more corporations due to injuries incurred. These legal actions typically arise from malfunctioning products, airline tragedies, or long-term contact with toxic substances or pharmaceuticals. 

Proceeding with a mass tort claim offers various advantages for plaintiffs. It permits the collective management of similar claims against a single corporation, making the legal process more streamlined. This approach ensures each plaintiff’s situation receives individual attention and tailored strategies for seeking damages. In addition, mass torts mitigate the high expenses usually associated with independent lawsuits.

By consolidating identical cases within the same jurisdiction, the financial burden of pursuing legal action is distributed among plaintiffs, and evidence sharing is more straightforward. While mass tort cases may be prolonged due to their complexity and the number of participants, the advantage of pooled evidence and financial resources often outweighs the additional time investment.

Mass Torts vs. Class Actions

Mass torts and class actions are distinct legal approaches individuals can use to seek justice. Class actions consolidate claims from various individuals against a single defendant into one lawsuit. All plaintiffs have experienced similar harm due to the defendant’s actions. On the other hand, mass torts involve many people filing their lawsuits against one defendant, usually for a common problem. Here, each person has been harmed differently and needs their case looked at individually.

Typical mass tort claims cover lawsuits against unsafe products, claims related to exposure to harmful products, group claims for major accidents, cases involving dangerous drugs and faulty medical devices, and lawsuits following widespread natural disasters. Each category allows people to seek payment for their specific injuries resulting from negligence or unsafe products.

Going for a mass tort enables numerous plaintiffs to confront a common defendant, usually a large corporation. This united front highlights the extensive harm caused, effectively holding the defendant accountable and compelling them to acknowledge and rectify their misconduct. It also promotes heightened public awareness and visibility of widespread harm through collective plaintiff representation. Furthermore, mass tort litigation provides plaintiffs with potentially higher payouts than class actions, where compensation is divided equally among victims without taking their damages into account. 

The Mass Tort Process

Reviewing Records

The initial step in a mass tort lawsuit is examining various records. A personal injury lawyer who handles mass tort cases can help by reviewing documents, such as medical records and plaintiffs’ statements, to confirm the validity and merit of each claim. This step is critical, as defense attorneys will also analyze these records to find any pre-existing conditions that may undermine the plaintiff’s claim.

Distinguish Injury Uniformity

It is vital to demonstrate a pattern or commonality among the injuries claimed. Although each plaintiff has a unique situation, their cases must fit a uniform criterion against the defendant. This uniformity groups the cases, thereby facilitating more efficient legal proceedings.

Filing Lawsuits

All claims are typically consolidated into one court, even if plaintiffs are in different regions. Multidistrict litigation consolidates civil actions with common factual questions pending in different districts into one district for coordinated pretrial proceedings.

Bellwether Trials

These are sample cases from the larger pool that go to trial first. The outcomes of these trials set precedents and help both parties gauge the potential results of future cases, leading to settlements or further trials. Bellwether trials provide insight into jury responses and case valuations, influencing the trajectory of subsequent trials and negotiations.

Settlement or Resolution

This stage represents the culmination of a mass tort, ideally ending with compensation for plaintiffs reflective of their circumstances and injuries. The awarding of damages can vary in time, with some cases resolving in months and others taking years. Negotiating a settlement is often preferable to all parties involved to avoid the lengthy time and high cost of trial. However, if satisfaction is not reached, the case may proceed to trial, and appeals may prolong the process. 

Montana Tort Liability Insurance Requirements

In states like Montana and 38 others, including Washington, D.C., tort liability insurance is required, specifically following motor vehicle accidents. The state of Montana adheres to the tort or fault-based system, wherein the insurance of the person at fault pays for the other party’s losses. They use their insurance to cover these costs, usually through specific liability coverage for injuries and property damage, up to the policy’s limits. 

Tort liability insurance allows those hurt in an accident to recover compensation for their medical bills, pain and suffering, and other losses from the person who caused the crash.

The Statute of Limitations for Tort Cases in Montana

The statute of limitations in Montana establishes when tort cases must be filed. For ordinary tort claims that are not based on written contracts, individuals have up to three years to file a lawsuit. The law allows a three-year filing period for wrongful death claims resulting from the negligence or wrongdoing of another. However, if homicide is the cause of death, the deadline extends to 10 years, providing more time to file a claim for these grave and more complex cases. 

Subject to a two-year statute of limitations, certain personal grievances, such as libel, slander, physical assault, wrongful imprisonment, and seduction, are eligible for judicial action. The short notice period is intended to encourage prompt legal action. Plaintiffs must be aware of these deadlines and act within them to preserve their legal rights. Hiring a mass tort lawyer

How Much Can Someone Sue in a Tort Case in Montana?

In Montana, individuals seeking damages in tort cases can pursue various types of compensation: economic, non-economic, and punitive damages. Economic damages comprise verifiable monetary losses, including medical costs, lost earnings, and property damage. No cap exists for these damages.

Medical malpractice claims, however, are limited to $250,000 for non-economic damages. Non-economic damages address subjective, non-monetary losses like pain, emotional distress, and diminished quality of life. Unlike economic damages, these are capped in medical malpractice cases at the state level. 

Punitive damages are meant to punish and deter wrongful acts. They are not confined to compensatory purposes and can extend up to $10 million or 3% of a defendant’s net worth, whichever is less. 

Tort reform initiatives strive to diminish the frequency and costs of litigation, primarily by enacting laws that cap potential damage awards and modify legal procedures. These efforts seek to reconcile reducing healthcare and insurance expenses with fair victim compensation. In addition, imposing tort liability on the U.S. government incurs costs and may alter officials’ decisions to avoid financial risks, sometimes at the expense of societal benefit. The Federal Tort Claims Act aims to mitigate these negative impacts by restricting plaintiffs’ ability to sue the government. 

Similarly, at the state level, Montana’s comparative negligence system affects the amount recoverable in negligence tort cases. If the plaintiff’s negligence is equal to or less than the defendant’s, they can still recover damages, though reduced by their degree of fault.

Mass torts underscore the intricacy of Montana personal injury laws since they involve numerous plaintiffs against one or a few defendants. In these cases, punitive damages may be granted as a deterrent for widespread negligence or intentional harm, in addition to economic and non-economic penalties.

Other Legal Remedies in Tort Cases in Montana

In addition to traditional compensation, affected parties in tort cases in Montana may seek other legal remedies: injunctions and restitution. 

An injunction is a judicial command ordering a person to do or cease a specific action. For example, a court might order a medical practitioner with a license abroad who is operating in U.S. territories without the necessary state accreditation to halt their activities until they obtain appropriate licensure.

Conversely, the purpose of restitution is to reverse unjust enrichment and promote fairness. This legal remedy aims to restore the injured party to their pre-tort status. It covers actual losses, including medical expenses and lost wages incurred due to the tortious act.

Resources for Tort Victims in Montana

Montana Legal Services Association

The Montana Legal Services Association provides vital support to individuals harmed by other people’s negligence through non-criminal legal counsel and advocacy. This private, nonprofit legal firm serves economically disadvantaged residents throughout Montana’s 56 counties and tribal reservations, promoting equal access to legal resources. 

Those needing assistance should initiate contact through MLSA’s application process link for more efficient service. It is advisable to avoid the email contact form, as it may lead to delays. Existing clients should communicate through the dedicated helpline at 1-800-666-6899, leaving a detailed message. They should receive a call back within one to two days.

Civil Division for the District of Montana

The Civil Division for the District of Montana actively engages in a broad range of civil litigation, advocating for individuals in both affirmative and defensive actions. If you are impacted by negligence or malpractice, the Division stands ready to defend your rights. Its services involve pursuing environmental violators, fraudsters, and scammers with the utmost legal expertise. 

To inquire or initiate action, individuals can contact the Billings Main office at 2601 2nd Ave. N., Suite 3200, Billings, MT 59101. Phone communication is available at (406) 657-6101 or toll-free at (800) 291-6108. Fax inquiries can be sent to (406) 657-6989. 

Montana Department of Justice

The Montana Department of Justice safeguards public welfare, prosecutes offenders, and offers legal representation for the state. It ensures safety through the Montana Highway Patrol and supports victims through the Sexual and Violent Offender Registry and the Office of Consumer Protection. The department also provides services for registering vehicles and licensing drivers. 

Those needing assistance can utilize the provided form on the department’s website for general inquiries, meeting requests, or speaker engagements. Public information requests can be mailed directly to the Office of the Attorney General at 215 N Sanders St., Helena, MT 59601.