This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Damages Allocation in Montana

In Montana, damages are allocated among multiple defendants according to each defendant’s percentage of fault, as set by the fact-finder. Mont. Code Ann. § 27-1-702 governs this allocation, replacing joint and several liability with a several-liability rule. Under the statute, each defendant is liable only for the portion of the total damages that corresponds to that defendant’s assigned percentage of fault. The trier of fact determines these percentages, and the court then enters judgment against each defendant for that specific share. The official text lists the factors the fact-finder must consider when apportioning fault. The worked example below demonstrates how the allocation applies in a typical scenario. To estimate your own damages allocation under this rule, use the DocketMath calculator.

Governing authority

In Montana, the damages allocation rule is set by Mont. Code Ann. § 27-1-702. The verified packet cites Mont. Code Ann. § 27-1-702 (https://leg.mt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0020/0270-0010-0070-0020.html).

Montana damages allocation: governed by Mont. Code Ann. § 27-1-702. The verified packet cites Mont. Code Ann. § 27-1-702 (https://leg.mt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0020/0270-0010-0070-0020.html).

Estimate your own result: every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.