Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY · Part 2. Damages
Montana Code Annotated

Mont. Code Ann. § 27-1-202 (2026)

Right To Compensatory Damages

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 1
  4. Part 2
  5. 27-1-202 Right to compensatory damages

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY

Part 2. Damages

Right To Compensatory Damages

27-1-202. Right to compensatory damages. Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation for it in money, which is called damages. The measure of the damages recoverable from the person in fault for the reasonable value of medical services or treatment in actions arising from bodily injury or death is set forth in 27-1-308.

History: En. Sec. 4270, Civ. C. 1895; re-en. Sec. 6040, Rev. C. 1907; re-en. Sec. 8659, R.C.M. 1921; Cal. Civ. C. Sec. 3281; Field Civ. C. Sec. 1832; re-en. Sec. 8659, R.C.M. 1935; R.C.M. 1947, 17-201; amd. Sec. 1, Ch. 327, L. 2021.

Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1980–2023 · leading case: Mitchell v. Glacier Cnty., 2017 MT 258 (Mont. 2017).
Sort: Relevance Newest Treatment
Mitchell v. Glacier Cnty., 2017 MT 258 (Mont. 2017). · cites it 8× “(Citing § 27-1-202, MCA.) ¶29 The Act provides that, when a local government entity fails to comply with financial reporting requirements, “the department may issue an order stopping payment of any state financial assistance to the local government entity.”
Henricksen v. State, 2004 MT 20 (Mont. 2004). · cites it 6× “Section 27-1-202, MCA. Emotional distress produces its own unique damages.”
Dorwart v. Caraway, 2002 MT 240 (Mont. 2002). · cites it 6× “Section 27-1-202, MCA, provides that: Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation therefor in money, which is called damages.”
Lauman v. Lee, 626 P.2d 830 (Mont. 1981). · cites it 9× “Section 27-1-202, MCA, allows compensatory damages to every person who suffers detriment from the unlawful act of another.”
State Med. Oxygen & Supply, Inc. v. Am. Med. Oxygen Co., 750 P.2d 1085 (Mont. 1988). · cites it 15× “Section 1395nn give rise to a private cause of action under Section 27-1-202, MCA? 2. Did the court err in deciding the motion for summary judgment prior to receiving the depositions of three material witnesses? 3.”
Jacobson v. Bayview Loan Servicing, LLC, 2016 MT 101 (Mont. 2016). · cites it 6× “¶53 Section 27-1-202, MCA, provides that “[e]very person who suffers detriment from the unlawful act or omission of another may recover .”
v. Smith-Cote (In re Cote), 433 P.3d 221 (Mont. 2019). · cites it 17× “The language of § 27-1-202, MCA, which grants the right to compensatory damages, is plain: "Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation therefor in money , which is called damages.”
Meek v. Montana Eighth Jud. Dist. Court, 2015 MT 130 (Mont. 2015). · cites it 6× “Section 27-1-202, MCA. While the measure of damages for pain and suffering, emotional disturbances, and even future medical expenses necessarily must be left to the discretion of the jury, the measure of damages for past medical expenses must be the 12 amount that was expended…”
Mark Ibsen, Inc. v. Caring for Montanans, Inc., 2016 MT 111 (Mont. 2016). · cites it 2× “¶51 Ibsen and amicus MTLA urge us to consider § 27-1-202, MCA, which states “Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation therefor in money, which is called damages.”
Cechovic v. Hardin & Assocs., Inc., 902 P.2d 520 (Mont. 1995). · cites it 3× “Section 27-1-202, MCA. Detriment is defined as a loss or harm suffered in person or property.”
Harris v. St Vincent & Billings C, 2013 MT 207 (Mont. 2013). · cites it 4× “” A “detriment” is “a loss or harm suffered in person or property.”
Schuff v. A.T. Klemens & Son, 2000 MT 357 (Mont. 2000). · cites it 2× “To aid our reading, this Court frequently turns to familiar maxims or canons of statutory construction, including but not limited to: ejusdem generis (general words will be construed according to more specific and particular preceding words); expressio unius est exclusio…”
Show all 25 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.