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★ Montana · fracture

Fracture settlements
in Montana.

By 9 min read

A woman walking into Billings Clinic during a snowstorm slipped and fractured her hip; the jury found the clinic not negligent, even though it had not preserved its video. A Connecticut guest at a luxury ranch east of Missoula fractured his pelvis when his horse stumbled, and Montana’s equine activities law ended his case.

Facts that decide a fracture claim in Montana

Equine activitiesA person is not liable for injuries caused solely by risks inherent in equine activities that are reasonably obvious, expected or necessary.Mont. Code Ann. § 27-1-725; Girasole v. Paws Up (Mont. 2025)
Winter fallsWeather reports can come in, and other falls may be kept out, in a snow and ice case; the jury found no negligence in Nolan.Nolan v. Billings Clinic (Mont. 2020)
Claims against the StateClaims go first to the Department of Administration, which has 120 days to decide; liability is capped at $750,000 per claim and $1.5 million per occurrence.Mont. Code Ann. §§ 2-9-301, 2-9-108; see our notice table
★ band · US federal frame
$15,000 to $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. Montana's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your fracture claim in Montana. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

Check my case
★ MT · reported fracture outcomes

What Montana courts have awarded.

Real Montana decisions and verdicts, each linked to the court record or official report.

  • Nolan v. Billings Clinic
    Montana Supreme Court · 2020
    Defense verdict affirmed

    At about 7:40 a.m. on February 28, 2014, during a snowstorm, Nolan slipped on the sidewalk walking into Billings Clinic and fractured her hip. A Yellowstone County jury found the clinic not negligent. On appeal the court found no error in declining further sanctions for the lost video, admitting a weather report or excluding other falls.

  • Girasole v. Paws Up
    Montana Supreme Court · 2025
    Summary judgment for the resort affirmed

    In August 2022 Gerard Girasole, on vacation at the Paws Up resort, went on a guided horseback ride after signing an assumption of risk agreement. His horse stumbled onto its front knees and his pelvis struck the saddle, fracturing part of his pelvis and injuring his sacroiliac joint; he was flown to Seattle for surgery. The court held the equine activities law barred his claims.

★ MT · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Montana.

  1. 1

    Ask the business to preserve its video right away in writing.

  2. 2

    Waivers and equine laws can end a riding claim; keep proof of anything beyond inherent risk.

  3. 3

    Claims against the State go first to the Department of Administration.

★ MT · statute of limitations
3 years from date of injury

Mont. Code Ann. § 27-2-204

★ MT · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ MT · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Montana.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Montana's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Montana · you are hereModified comparative, 51% bar3 years from date of injury—
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · fracture →
OregonModified comparative, 51% bar2 years from date of injuryOR · fracture →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · fracture →
WashingtonPure comparative negligence3 years from date of injuryWA · fracture →
WyomingModified comparative, 51% bar4 years from date of injuryWY · fracture →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · fracture →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · fracture →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · fracture →
OhioModified comparative, 51% bar2 years from date of injuryOH · fracture →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · fracture →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · fracture →
New MexicoPure comparative negligence3 years from date of injuryNM · fracture →
★ MT · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of MT
Montana overview

Fault rule, statute, caps, and key facts for Montana as a whole.

★ federal frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Montana's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Montana. See /methodology, /sources, and /disclaimer.