Montana § 2-9-905 - Affirmative Defense -- Reasonable Measures Consistent With Regulations, Orders, And Public Health Guidance

§ 2-9-905. Affirmative Defense -- Reasonable Measures Consistent With Regulations, Orders, And Public Health Guidance

(Temporary) Affirmative defense -- reasonable measures consistent with regulations, orders, and public health guidance. (1) In addition to all other defenses, a government entity may assert as an affirmative defense that the government entity 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 government entity or activity at issue at the time of the alleged injury, death, or property damage. (2) If two or more sources of public health guidance are applicable, a government entity 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 government entity 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 government entity for failing to comply with a federal or state statute, regulation, order, or public health guidance related to covid-19. (Terminates December 31, 2031--sec. 12, Ch. 516, L. 2021.)