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HB 247

Eliminate damages for injuries and death arising from dueling

2025 Regular Session Introduced by Braxton Mitchell

Bill would eliminate civil damages claims for injuries or deaths from consensual dueling, preventing victims from recovering financial compensation despite the act being criminally illegal.

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Bill Summary · HB 247

Legislative bill overview

HB 247 proposes to eliminate legal damages that can be claimed for injuries or deaths resulting from consensual dueling. The bill would remove liability for harm caused during agreed-upon combat between willing participants. This represents a significant departure from standard tort law that typically holds individuals accountable for causing injury or death.

Why is this important

While dueling is already illegal in Montana, this bill would create a legal loophole by preventing victims (or their estates) from recovering damages through civil lawsuits even if someone is prosecuted criminally for causing death or injury in a duel. This directly affects victim compensation and could incentivize dangerous illegal conduct by eliminating financial consequences for participants who harm each other.

Potential points of contention

  • Consent and coercion: "Consensual" agreements may be made under duress, social pressure, or economic desperation, raising questions about whether true consent can exist in such extreme circumstances
  • Public policy conflict: Eliminating damages for illegal activity (dueling) contradicts standard legal principles that deter dangerous conduct through both criminal penalties and civil liability
  • Victim compensation: Injured parties or families of deceased victims would lose their primary means of financial recovery, potentially leaving them without recourse despite suffering serious harm

Compiled from official sources — confirm details with the bill’s official record.

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