Montana § 23-2-321 - Restriction On Liability Of Landowner And Supervisor

§ 23-2-321. Restriction On Liability Of Landowner And Supervisor

Restriction on liability of landowner and supervisor. (1) A person who makes recreational use of surface waters flowing over or through land in the possession or under the control of another, pursuant to 23-2-302 , or land while portaging around or over barriers or while portaging or using portage routes, pursuant to 23-2-311 , is owed no duty by a landowner, the landowner's agent, or the landowner's tenant other than that provided in subsection (2). (2) A landowner, the landowner's agent, or tenant is liable to a person making recreational use of waters or land described in subsection (1) only for an act or omission that constitutes willful or wanton misconduct. (3) A supervisor or any member of the arbitration panel who participates in a decision regarding the placement of a portage route is not liable to a person who is injured or whose property is damaged because of placement or use of the portage route except for an act or omission that constitutes willful and wanton misconduct.