Defending Tort Claims

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The legal unit defends the state and its employees in liability claims and lawsuits provided that they are acting within the course and scope of employment.

The unit was established according to the provisions of the Tort Claims Act as provided in Title 2, Chapter 9, Parts 1-3 of the Montana Codes Annotated and provides the following services:

  1. Advice to state participants to resolve tort liability issues.
  2. Cost effective, high quality legal support through staff counsel, agency legal services counsel, or contract counsel.
  3. Support to the claims and risk management unit.

The OBJECTIVE of the legal unit is the effective disposition of cases at the lowest total cost.

The PROCEDURE is to investigate, evaluate, and resolve claims that have merit consistent with legal and ethical obligations and to prepare the remaining cases for summary judgment or resolution at trial.

If you have any questions regarding tort liability issues, please contact a member of the Legal Staff.