27-1-709. Property owner's immunity from damage caused by use of property unlawfully taken. (1) The owner or possessor of personal property that is stolen is not liable in the absence of gross negligence for injury or damage arising out of the use of the property while the property is possessed by another. The owner of real property that is criminally misused by another without the owner's knowledge is not liable in the absence of gross negligence for injury or damage arising out of the misuse. This section includes property taken by theft, robbery, or burglary directly from the person's body or from a place of residence, tent or other recreational structure, or motor vehicle or boat that is owned, possessed, or used by the person owning or possessing the property.
(2) This section does not modify, amend, or eliminate the doctrines of negligence per se or attractive nuisance.
History: En. Sec. 1, Ch. 400, L. 1997.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 1. Availability of Remedies -- Liability
27-1-701. Liability for negligence as well as willful acts
27-1-703. Multiple defendants -- determination of liability
27-1-704. Release -- covenant not to sue
27-1-705. Several liability -- purpose -- pleading -- determination -- nonparties
27-1-706. Effect of a release or covenant not to sue
27-1-708. Liability of landowner to trespasser
27-1-709. Property owner's immunity from damage caused by use of property unlawfully taken
27-1-710. Civil liability for injuries involving alcohol consumption
27-1-711. Liability of minor or person of unsound mind for own torts -- exemplary damages
27-1-712. Liability for damages for deceit
27-1-713. Duty to restore thing wrongfully acquired or retained
27-1-714. Limits on liability for emergency care rendered at scene of accident or emergency
27-1-715. Liability of owner of vicious dog
27-1-716. Immunity of persons donating food for free distribution
27-1-718. Civil penalty for shoplifting
27-1-719. Liability of seller of product for physical harm to user or consumer
27-1-720. Liability -- defect in design of firearms or ammunition
27-1-721. Immunity of certain firearms and hunter safety or hunter education instructors
27-1-722. Civil damages immunity for injury caused by legal use of force
27-1-727. Equine activity liability limitations
27-1-728. Mule and horseracing -- exception
27-1-729. and 27-1-730 reserved
27-1-731. Individual immunity for and indemnification of ditch company employees -- definitions
27-1-732. Immunity of nonprofit corporation officers, directors, and volunteers
27-1-734. Limits on liability of health care provider in emergency situations
27-1-735. Emergency communications systems -- lawful release of information
27-1-738. Health care provider's responsibility for others
27-1-739. Liability of health care provider for reduced chance of recovery caused by malpractice
27-1-740. Ridesharing -- limits on employer liability
27-1-743. Operator's responsibilities
27-1-744. Passenger responsibilities and prohibitions
27-1-746. Duty of health care provider performing third-party medical examination
27-1-747. Claims and damages based on birth of child prohibited
27-1-748. through 27-1-750 reserved
27-1-753. Limitation on liability in sport or recreational opportunity