Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 9. LIABILITY EXPOSURE AND INSURANCE COVERAGE · Part 1. Liability Exposure
Montana Code Annotated

Mont. Code Ann. § 2-9-102 (2026)

Governmental Entities Liable For Torts Except As Specifically Provided By Legislature

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 9
  4. Part 1
  5. 2-9-102 Governmental entities liable for torts except as specifically provided by legislature

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 9. LIABILITY EXPOSURE AND INSURANCE COVERAGE

Part 1. Liability Exposure

Governmental Entities Liable For Torts Except As Specifically Provided By Legislature

2-9-102. Governmental entities liable for torts except as specifically provided by legislature. Every governmental entity is subject to liability for its torts and those of its employees acting within the scope of their employment or duties whether arising out of a governmental or proprietary function except as specifically provided by the legislature under Article II, section 18, of The Constitution of the State of Montana.

History: En. Sec. 10, Ch. 380, L. 1973; amd. Sec. 1, Ch. 189, L. 1977; R.C.M. 1947, 82-4310.

Notes of Decisions
Cited in 42 cases (4 in the last 5 years), 1980–2024 · leading case: Gonzales v. City of Bozeman, 2009 MT 277 (Mont. 2009).
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Gonzales v. City of Bozeman, 2009 MT 277 (Mont. 2009). · cites it 60× “18 of the Montana Constitution and § 2-9-102, MCA. Upon re-reading the briefs, however, I re-affirmed my recollection that, although the appellant argued that the exceptions to the public duty doctrine were triggered, there was no constitutional or statutory challenge to the…”
Massee v. Thompson, 2004 MT 121 (Mont. 2004). · cites it 14× “Section 2-9-102, MCA, provides: Governmental entities liable for torts except as specifically provided by legislature.”
State Ex Rel. Eccleston v. Montana Third Jud. Dist. Court, 783 P.2d 363 (Mont. 1989). · cites it 17× “) The majority, by their interpretation of § 2-9-111, MCA, have abrogated the provisions of § 2-9-102, MCA, because now under the holdings of this Court, through its majority, every substratum of state government is immune from suit for the torts of its agents, officers and…”
Kent v. City of Columbia Falls, 2015 MT 139 (Mont. 2015). · cites it 8× “” In 1973, the Montana legislature enacted § 2-9-102, MCA, which provides: “Every governmental entity is subject to liability for its torts and those of its employees acting within the scope of their employment or duties whether arising out of a governmental or proprietary…”
B. M. ex rel. Burger v. State, 649 P.2d 425 (Mont. 1982). · cites it 6× “Section 2-9-102, MCA, enacted to give meaning to this constitutional provision, provides: “Every governmental entity is subject to liability for its torts and those of its employees acting within the scope of their employment or duties whether arising out of a governmental or…”
Denke v. Shoemaker, 2008 MT 418 (Mont. 2008). · cites it 4× “Based on these principles, the relevant questions are (1) whether Shoemaker was an employee of the City in January 2000 and (2) whether his actions occurred within the scope of his employment.”
Prosser v. Kennedy Enter., Inc., 2008 MT 87 (Mont. 2008). · cites it 4× “Specifically, in Section 2-9-102, it set a — said, "Every governmental entity is subject to liability for its torts and those of its employees acting within the scope of their employment or duties whether arising out of a governmental or proprietary function except" again, as…”
Gatlin-Johnson Ex Rel. Gatlin-Johnson v. City of Miles City, 2012 MT 302 (Mont. 2012). · cites it 6× “Montana law provides that every governmental entity in Montana “is subject to liability for its torts and those of its employees acting within the scope of their employment or duties whether arising out of a governmental or proprietary function except as specifically provided by…”
M. Plakorus v. Univ. of Montana, 2020 MT 312 (Mont. 2020). · cites it 5× “A plaintiff must file suit within one year after a final administrative decision or, if the contract provides no settlement procedure, within one year after the claim accrues.”
Kenyon v. Stillwater Cnty., 835 P.2d 742 (Mont. 1992). · cites it 5× “Section 2-9-102, MCA (1987). For purposes of the liability statutes, elected county officials are employees of the county.”
Crowell v. Sch. Dist. No. 7, 805 P.2d 522 (Mont. 1991). · cites it 4× “Section 2-9-102, provides that every governmental entity is subject to liability for its torts and those of its employees acting within the scope of their employment except as specifically provided by the Legislature under Article II, Section 18, of the Montana Constitution.”
Germann v. Stephens, 2006 MT 130 (Mont. 2006). · cites it 2× “2d at 745 (citing § 2-9-102, MCA (1987)). We cited § 2-9-305, MCA (1987), in reasoning that where a litigant brings an action against a county based on actionable conduct by a county employee, the employee enjoys immunity from individual liability for the conduct where the…”
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