The bill amends Section 27-1-703 of the Montana Code Annotated to clarify the law regarding apportionment of liability among multiple defendants in negligence cases. It allows a party to argue that a nonparty is the sole cause of the claimant's injuries without the need to seek apportionment. The amendments include provisions for the trier of fact to consider the negligence of all parties involved, including those who have settled or been released from liability, when determining the percentage of liability attributable to each party.
Additionally, the bill introduces new language that specifies the conditions under which a defendant can assert that a person released from liability or with whom the claimant has settled is at fault. It requires defendants to notify these individuals if they seek to apportion fault on the verdict form. The changes aim to streamline the process of determining liability and ensure that all relevant parties are considered in negligence claims, while also allowing for the possibility of arguing that a nonparty was solely responsible for the injuries.
Statutes affected: LC Text: 27-1-703
HB0303_1(1): 27-1-703
HB0303_1(2): 27-1-703
HB0303_1(3): 27-1-703
HB0303_1: 27-1-703