27-1-513. Action for wrongful death. When injuries to and the death of one person are caused by the wrongful act or neglect of another, the personal representative of the decedent's estate may maintain an action for damages against the person causing the death or, if the person is employed by another person who is responsible for the causing person's conduct, then also against the other responsible person.
Montana Code Annotated
Mont. Code Ann. § 27-1-513 (2026)
Action For Wrongful Death
✓ current as of May 2026
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TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS
CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY
Part 5. Right to Bring Action or Assert Defense
Action For Wrongful Death
History: En. Sec. 1, p. 561, Cod. Stat. 1871; en. Sec. 14, p. 42, L. 1877; re-en. Sec. 14, 1st Div. Rev. Stat. 1879; re-en. Sec. 14, 1st Div. Comp. Stat. 1887; re-en. Sec. 579, C. Civ. Proc. 1895; re-en. Sec. 6486, Rev. C. 1907; re-en. Sec. 9076, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 377; re-en. Sec. 9076, R.C.M. 1935; R.C.M. 1947, 93-2810(part); amd. Sec. 4, Ch. 449, L. 1987; amd. Sec. 580, Ch. 56, L. 2009.
Notes of Decisions
Cited in 36
cases (3 in the last 5 years), 1982–2025 · leading case: Johnson v. Marias River Elec. Coop., Inc., 687 P.2d 668 (Mont. 1984).
Johnson v. Marias River Elec. Coop., Inc., 687 P.2d 668 (Mont. 1984). “We hold that the issue of a decedent who is survived by his spouse may maintain an action for damages under section 27-1-513, MCA. The conflict in the statutes arises in this way: The wrongful death statute, section 27-1-513, MCA, provides that in case of the wrongful death of…”
Swanson v. Champion Int'l Corp., 646 P.2d 1166 (Mont. 1982). “By virtue of section 27-1-513, MCA, a cause of action for the wrongful death of one not a minor (for the wrongful death of a minor, see section 27-1-512, MCA; the result is the same) is created and vests in the heirs of the decedent.”
Strzelczyk Ex Rel. Strzelczyk v. Jett, 870 P.2d 730 (Mont. 1994). “The attendant statute previously read: Section 27-1-513, MCA (1985). Action for wrongful death of adult.”
Renville v. Fredrickson, 2004 MT 324 (Mont. 2004). “¶19 In its Petition for Rehearing, the Estate pointed out that a loss of consortium damage claim arising from a negligently-inflicted death is an inextricable element of a wrongful death action that may be brought only by the personal representative of the decedent under §…”
Hern v. Safeco Ins. Co. of Illinois, 2005 MT 301 (Mont. 2005). “¶ 36 Section 27-1-513, MCA, creates a cause of action for wrongful death.”
In Re the Est. of Lambert, 2006 MT 228 (Mont. 2006). “The Legislature defined “property” broadly, as “anything that may be the subject of ownership.” Section 72-1-103(40), MCA. ¶14 Montana law provides for two separate causes of action for survivors of a decedent whose death is caused by the negligence of another.”
Versland v. Caron Transp., 671 P.2d 583 (Mont. 1983). “Plaintiff argues the basis for these damages is section 27-1-323, MCA: “[i]n every action under 27-1-512 and 27-1-513 such damages may be given as under all the circumstances of the case may be just,” and section 27-1-513, MCA: “[w]hen the death of one person, not being a minor,…”
Tucker v. Farmers Ins. Exch., 2009 MT 247 (Mont. 2009). “¶ 25 Section 27-1-513, MCA, allows the personal representative of the decedent's estate to maintain an action for wrongful death damages.”
Busta Ex Rel. Busta v. Columbus Hosp. Corp., 916 P.2d 122 (Mont. 1996). “Busta pursuant to § 27-1-501, MCA, and to his heirs pursuant to § 27-1-513, MCA, based on her allegation that Delbert's death was caused by the negligence of the defendant, Columbus Hospital Corporation.”
In Re the Est. of Bennett, 2013 MT 230 (Mont. 2013). “On Bennetts’ motion, we imposed a stay preventing Sabrina from releasing any of Bennetts’ claims and from entering agreements for allocation of insurance proceeds, until the matters pending before this Court were resolved.”
Carroll v. W. R. Grace & Co., 830 P.2d 1253 (Mont. 1992). “When injuries to and the death of one person are caused by the wrongful act or neglect of another, the personal representative of the decedent’s estate may maintain an action for damages against the person causing the death or, if such person be employed by another person who is…”
Payne v. Eighth Jud. Dist. Court, 2002 MT 313 (Mont. 2002). “¶ 8 Section 27-1-513, MCA, creates a separate cause of action, wrongful death, which vests in the heirs of the decedent: When injuries to and the death of one person are caused by the wrongful act or neglect of another, the personal representative of the decedent's estate may…”
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