Mont. Code Ann. » TITLE 50. HEALTH AND SAFETY · CHAPTER 77. CONSTRUCTION SITE HEALTH AND SAFETY · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 50-77-101 (2026)

Scaffolds -- Definition -- Safety Practices -- Liability

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 50
  3. CHAPTER 77
  4. Part 1
  5. 50-77-101 Scaffolds -- definition -- safety practices -- liability

TITLE 50. HEALTH AND SAFETY

CHAPTER 77. CONSTRUCTION SITE HEALTH AND SAFETY

Part 1. General Provisions

Scaffolds -- Definition -- Safety Practices -- Liability

50-77-101. Scaffolds -- definition -- safety practices -- liability. (1) As used in this part, "scaffold" or "scaffolding" means a temporarily elevated platform and its supporting structure that is used on a construction site to support a person, material, or both. The term includes a ladder or other equipment that is the exclusive route of access to the scaffold but does not include any other ladder or other mobile construction equipment.

(2) Employers and employees shall follow safety practices commonly recognized in the construction industry as well as applicable state and federal occupational safety laws.

(3) Subject to the comparative negligence principles provided in Title 27, chapter 1, part 7, a contractor, subcontractor, or builder who uses or constructs a scaffold on a construction site is liable for damages sustained by any person who uses the scaffold, except a fellow employee or immediate employer, when the damages are caused by negligence of the contractor, subcontractor, or builder in the use or construction of the scaffold.

(4) If a person dies from an injury caused by the negligent use or construction of a scaffold, the right of action survives and may be prosecuted and maintained by the decedent's heirs or personal representatives.

History: En. Sec. 1, Ch. 107, L. 1909; re-en. Sec. 2672, R.C.M. 1921; re-en. Sec. 2672, R.C.M. 1935; amd. Sec. 8, Ch. 187, L. 1977; R.C.M. 1947, 69-1401; amd. Sec. 1, Ch. 404, L. 1995; (3), (4)En. Sec. 2, Ch. 404, L. 1995.

Notes of Decisions
Cited in 14 cases, 1981–2009 · leading case: Dukes v. City of Missoula, 2005 MT 196 (Mont. 2005).
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Dukes v. City of Missoula, 2005 MT 196 (Mont. 2005). · cites it 32× “In this case, § 50-77-101(3), MCA (1997), and not § 50-77-106, MCA (1997) (repealed 1999), addresses liability under the Scaffold Act.”
Porter v. Galarneau, 911 P.2d 1143 (Mont. 1996). · cites it 20× “Section 50-77-101, MCA (1991), states that: All scaffolds erected in this state for use in the erection, repair, alteration, or removal of buildings shall be well and safely supported, of sufficient width, and properly secured so as to ensure the safety of persons working on…”
Mydlarz v. Palmer/Duncan Constr. Co., 682 P.2d 695 (Mont. 1984). · cites it 18× “The essence of the Act is codified in section 50-77-101, MCA: " Construction of scaffolds.”
United Nat'l Ins. v. St. Paul Fire & Marine Ins., 2009 MT 269 (Mont. 2009). · cites it 6× “" The Scaffolding Act provides that "[s]ubject to the comparative negligence principles provided in Title 27, chapter 1, part 7, a contractor, subcontractor, or builder who uses or constructs a scaffold on a construction site is liable for damages sustained by any person who…”
Dukes v. Sirius Constr., Inc., 2003 MT 152 (Mont. 2003). · cites it 8× “¶5 In the amended complaint, Dukes alleged that, pursuant to the Montana Scaffolding Act, § 50-77-106, MCA, the City had a duty to conduct inspections to ensure that the other named defendants complied with the provisions of the Act, §§ 50-77-101 through -107, MCA. The Act…”
Stepanek v. Kober Constr., 625 P.2d 51 (Mont. 1981). · cites it 6× “; and (4) the primary contract requiring the general contractor to be responsible for safety on the project. The general contractor contends (1) control of the subcontractor was neither reserved nor exercised; (2) application of the statutes would be improper because the…”
Giambra v. Kelsey, 2007 MT 158 (Mont. 2007). · cites it 2× “*39 ¶57 In 1995, the Montana Legislature amended the Scaffolding Act, then codified as § 50-77-101, MCA. The revised language stated, in pertinent part, that “[s]ubject to the comparative negligence principles provided in Title 27, chapter 1, part 7, a contractor, subcontractor,…”
Daniel Fabich v. PPL Montana, 2007 MT 258 (Mont. 2007). · cites it 3× “Section 50-77-101(3), MCA. Fabich appears to contend that, as the “builder” of the lining in the scrubber vessel, PPL is liable for his damages.”
Slater v. Cent. Plumbing & Heating Co., 912 P.2d 780 (Mont. 1996). · cites it 4× “Specifically, they violated a section of the Act which required all floor openings, be covered or otherwise properly protected to prevent persons or equipment from falling into the openings of the floor. Thus, the District Court determined that Edsall itself had violated §…”
Donovan v. Graff, 808 P.2d 491 (Mont. 1991). · cites it 2× “Donovan and Foreman filed a lawsuit against Graff for negligence based on the Montana Scaffolding Act, § 50-77-101, MCA, and a claim for loss of consortium.”
Slater v. Cent. Plumbing & Heating Co., 1999 MT 257 (Mont. 1999). · cites it 2× “In his motion, he asked the District Court to declare that Edsall was strictly liable for his injuries pursuant to §§ 50-77-101 and -104, MCA, of the Montana Scaffolding Act and to declare that Edsall had violated its own safety standards.”
Fabich v. Ppl Montana, 2007 MT 258 (Mont. 2007). · cites it 3× “Section 50-77-101(3), MCA. Fabich appears to contend that, as the “builder” of the lining in the scrubber vessel, PPL is liable for his damages.”
Show all 14 citing cases →
Mont. Code Ann. § 50-77-101(2): 1 case
Dukes v. Sirius Constr., Inc., 2003 MT 152 (Mont. 2003). “¶5 In the amended complaint, Dukes alleged that, pursuant to the Montana Scaffolding Act, § 50-77-106, MCA, the City had a duty to conduct inspections to ensure that the other named defendants complied with the provisions of the Act, §§ 50-77-101 through -107, MCA. The Act…”
Mont. Code Ann. § 50-77-101(3): 3 cases
Dukes v. City of Missoula, 2005 MT 196 (Mont. 2005). “In this case, § 50-77-101(3), MCA (1997), and not § 50-77-106, MCA (1997) (repealed 1999), addresses liability under the Scaffold Act.”
Daniel Fabich v. PPL Montana, 2007 MT 258 (Mont. 2007). “Section 50-77-101(3), MCA. Fabich appears to contend that, as the “builder” of the lining in the scrubber vessel, PPL is liable for his damages.”
Fabich v. Ppl Montana, 2007 MT 258 (Mont. 2007). “Section 50-77-101(3), MCA. Fabich appears to contend that, as the “builder” of the lining in the scrubber vessel, PPL is liable for his damages.”
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.