Montana § 75-10-428 - Liability -- Defense And Exclusions
Full text of Montana Montana Code Annotated § 75-10-428 — Liability -- Defense And Exclusions, with citation guidance and answers to common questions.
§ 75-10-428. Liability -- Defense And Exclusions
Liability -- defense and exclusions. (1) A person has a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of this part, a rule adopted under this part, or a condition of a permit or authorization required by a rule adopted under this part if the person can establish by a preponderance of the evidence that: (a) the person is a government entity that acquired ownership or control through bankruptcy, tax delinquency, abandonment, or lien foreclosure in which the government entity acquired title by virtue of the government entity's authority; (b) the person has not caused or contributed to the violation; and (c) the person is making an effort to abate the violation. (2) For the purposes of this part, "government entity" includes a consolidated city-county, a county, and an incorporated city or town.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 75-10-428
What does Montana Code Annotated § 75-10-428 cover?
Section 75-10-428 ("Liability -- Defense And Exclusions") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 75-10-428?
A common citation format is "Montana Code Annotated § 75-10-428" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 75-10-428 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.