Comparative fault system · Montana
For Comparative fault system · Montana, state is Montana; rule type is Comparative fault system; fault system is Modified comparative fault (51% bar); when the plaintiff's own fault bars recovery is if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons against whom recovery is sought; fault threshold is 51%, recorded from its source on 2026-08-31.
- State
- Montana our reading
- Rule type
- Comparative fault system our reading
- Fault system
- Modified comparative fault (51% bar) our reading
- When the plaintiff's own fault bars recovery
- if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons against whom recovery is sought verified
- Fault threshold
- 51% our reading
- Statutory citation
- 27-1-702 verified
Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.
What the source says
Contributory negligence does not bar recovery in an action by a person or the person's legal representative to recover damages for negligence resulting in death or injury to the person or property if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons against whom recovery is sought, but any damages allowed must be diminished in the proportion to the percentage of negligence attributable to the person recovering.
— archive.legmt.gov, retrieved 2026-08-31
Where each value comes from
The value above is stated away from the sentence quoted with the answer, so the passage that states it is shown here too.
Statutory citation
27-1-702. (Temporary) Comparative negligence -- extent to which contributory negligence bars recovery in action for damages.
— all from archive.legmt.gov, retrieved 2026-08-31
Source
- archive.legmt.govhttps://archive.legmt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0020/0270-0010-0070-0020.html