Montana attempts to limit lawsuits against recreation programs – but really a waste of time.

It is being reported that the Montana Legislature is attempting to pass law that would limit the liability of Montana’s recreational business. The bill states the outfitters would not be liable for the inherent risks of the activity.

An inherent risk is one that you assume in any activity. It is the other risks that are the problem the ones that start litigation. Those risks that have been changed or altered by man are the ones that create lawsuits. As an example the risk of moving water are drowning. However the risk is no longer inherent when you pay an outfitter to take you out in the water in a raft. Now the act of man has altered the risk and it is no longer inherent.

Montana has a substantial problem because the Montana Constitution prohibits the use of a release. MCA § 27-1-701 See SNEWS® Law Review 2006 Summary: States Where Releases Are Void or Restricted