27-1-701. Liability for negligence as well as willful acts. Except as otherwise provided by law, each person is responsible not only for the results of the person's willful acts but also for an injury occasioned to another by the person's want of ordinary care or skill in the management of the person's property or person except so far as the person has willfully or by want of ordinary care brought the injury upon the person.
Montana Code Annotated
Mont. Code Ann. § 27-1-701 (2026)
Liability For Negligence As Well As Willful Acts
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TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS
CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY
Part 7. Liability
Liability For Negligence As Well As Willful Acts
History: En. Sec. 2296, Civ. C. 1895; re-en. Sec. 5077, Rev. C. 1907; re-en. Sec. 7579, R.C.M. 1921; Cal. Civ. C. Sec. 1714; Based on Field Civ. C. Sec. 853; re-en. Sec. 7579, R.C.M. 1935; R.C.M. 1947, 58-607; amd. Sec. 9, Ch. 12, L. 1979; amd. Sec. 2, Ch. 209, L. 1987; amd. Sec. 2, Ch. 397, L. 1987; amd. Sec. 2, Ch. 437, L. 1987; amd. Sec. 7, Ch. 440, L. 1987; amd. Sec. 2, Ch. 508, L. 1987; amd. Sec. 3, Ch. 516, L. 1987; amd. Sec. 583, Ch. 56, L. 2009.
Notes of Decisions
Cited in 57
cases (5 in the last 5 years), 1979–2026 · leading case: Oberson v. United States Dep't of Agric., Forest Serv., 2007 MT 293, 171 P.3d 715.
Oberson v. United States Dep't of Agric., Forest Serv., 2007 MT 293, 171 P.3d 715. “The court determined, in the absence of any other governing statute, that it would apply the catch-all “ordinary care” standard found at § 27-1-701, MCA. The court applied the ordinary care standard to apportion 40% of the responsibility for Musselman’s damages to the Forest…”
Limberhand v. Big Ditch Co., 706 P.2d 491 (Mont. 1985). “We regard the same statute as declaring the applicable law as to the duty of landowners to persons though they may be trespassers.”
W. Sec. Bank v. Eide Bailly LLP, 2010 MT 291, 249 P.3d 35. “Section 27-1-701, MCA, provides that “everyone is responsible not only for the results of his willful acts but also for an injury occasioned to another by his want of ordinary care or skill .”
Peterson v. Eichhorn, 2008 MT 250, 189 P.3d 615. “Ordinary Care Theory ¶29 The focus in this case, therefore, is properly on the corral and what transpired there, regardless of the scenario with the broken fence and the escaping horses.”
Est. of Strever v. Cline, 924 P.2d 666 (Mont. 1996). “" In Limberhand , we cited § 27-1-701, MCA, which provides: Liability for negligence as well as willful acts.”
Bassett v. Lamantia, 2018 MT 119, 417 P.3d 299. “See also , § 27-1-701, MCA ("[E]ach person is responsible .”
Henricksen v. State, 2004 MT 20, 84 P.3d 38. “Section 27-1-701, MCA. As the State has a duty to maintain sidewalks and highways in a safe condition for ordinary and public use, Wiley, 272 Mont.”
J.L. v. Kienenberger, 848 P.2d 472 (Mont. 1993). “This statute, however, creates liability for "want of ordinary care or skill in the management of his property or person.”
Mead v. M.S.B., Inc., 872 P.2d 782 (Mont. 1994). “This contradicts Section 27-1-701, MCA, under which a person is responsible for an injury resulting from his want of ordinary care.”
Dewey v. Stringer, 2014 MT 136, 325 P.3d 1236. “Negligence ¶17 Section 27-1-701, MCA, provides: Except as otherwise provided by law, each person is responsible not only for the results of the person’s willful acts but also for an injury occasioned to another by the person’s want of ordinary care or skill in the management of…”
Jim's Excavating Serv., Inc. v. HKM Assocs., 878 P.2d 248 (Mont. 1994). “Section 27-1-701, MCA, provides that "everyone is responsible not only for the results of his willful acts but also for an injury occasioned to another by his want of ordinary care or skill.”
Derenberger v. Lutey, 674 P.2d 485 (Mont. 1983). “" Furthermore, section 27-1-701, MCA, separately establishes that one is liable for willful acts as well as negligent acts.”
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