# Comparative fault system · Montana — Comparative fault system and joint and several liability rules by state

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, not quoted from the source)_
- **Rule type:** Comparative fault system _(our reading, not quoted from the source)_
- **Fault system:** Modified comparative fault (51% bar) _(our reading, not quoted from the source)_
- **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: appears in the quote below)_
- **Fault threshold:** 51% _(our reading, not quoted from the source)_
- **Statutory citation:** 27-1-702 _(verified: appears in its own passage below)_

## 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.

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Statutory citation

> 27-1-702. (Temporary) Comparative negligence -- extent to which contributory negligence bars recovery in action for damages.

## Source

- https://archive.legmt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0020/0270-0010-0070-0020.html

Last verified: 2026-08-31. Review by: 2027-08-31.
Part of [Comparative fault system and joint and several liability rules by state](https://referencesource.org/state-comparative-fault-joint-liability-rules/).