Bill > SB292

This bill revises Montana's product liability laws to explicitly include economic harm alongside physical harm and property damage when evaluating claims against product sellers. The legislation expands the legal framework for holding sellers liable for unreasonably dangerous products by allowing consumers to seek compensation for economic losses, such as financial damages resulting from a defective product, in addition to traditional personal injury or property damage claims. The bill modifies existing law to clarify that sellers can be held responsible for economic harm even if they exercised all possible care in preparing and selling the product, and even if the consumer did not purchase the product directly from the seller. The bill also maintains several important protections for sellers, including specific affirmative defenses they can raise in product liability actions, such as proving the product was misused, demonstrating compliance with safety regulations, or showing that the product was part of a specific category with unique considerations (like FDA-approved medical devices). Additionally, the bill preserves a 10-year statute of limitations for product liability claims, with several exceptions for specific circumstances like government-mandated recalls or products with long-term health implications. The modifications aim to provide more comprehensive consumer protection while maintaining a balanced approach that considers the interests of both consumers and product sellers.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC0658