Montana House Passes Legislation to Protect Schools, Public Entities from Frivolous COVID-19 Lawsuits

The Montana House of Representatives passed House Bill 435 by Rep. Bill Mercer (R-Billings) today. House Bill 435 cleared the two-thirds vote threshold necessary to provide public sector immunity from frivolous lawsuits, making it easier for schools and public services to re-open. It is similar to Senate Bill 65 signed into law by Governor Gianforte last month which provided liability protection to the private sector.

“House Bill 435 provides the liability protection necessary to get Montana’s schools and public services safely reopened,” Rep. Mercer said Monday. “As long as our schools and public institutions are taking common-sense safety precautions, they should not have to fear frivolous COVID-19 lawsuits.”

House Bill 435 raises the threshold from “negligence” to “gross negligence” for the purpose of civil lawsuits. This legislation passed the House before the transmittal deadline and will now move to the Senate for consideration.