Montana Code 27-1-1606. Affirmative defense — reasonable measures consistent with regulations, orders, and public health guidance
27-1-1606. (Temporary) Affirmative defense — reasonable measures consistent with regulations, orders, and public health guidance. (1) In addition to all other defenses, a person may assert as an affirmative defense that the person took reasonable measures consistent with a federal or state statute, regulation, order, or public health guidance related to covid-19 that was applicable to the person or activity at issue at the time of the alleged injury, death, or property damage.
Terms Used In Montana Code 27-1-1606
- Person: means an individual, corporation, nonprofit corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, place of worship, personal representative, trustee, or any other legal or commercial entity. See Montana Code 27-1-1601
- Property: means real and personal property. See Montana Code 1-1-205
- Public health guidance: includes guidance related to covid-19 issued by the following:
(a)the centers for disease control and prevention of the U. See Montana Code 27-1-1601
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Statute: A law passed by a legislature.
(2)If two or more sources of public health guidance are applicable, a person does not breach a duty of care if the person took reasonable measures consistent with one applicable set of public health guidance.
(3)If a person proves the affirmative defense contained in this section, the affirmative defense is a complete bar to any action relating to covid-19.
(4)This section may not be construed to impose liability on a person for failing to comply with a federal or state statute, regulation, order, or public health guidance related to covid-19. (Terminates January 1, 2031–sec. 15, Ch. 2, L. 2021.)