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Bill

LC 2008

Eliminate damages for injuries and death arising from dueling

2025 Regular Session

Montana bill eliminates civil damages lawsuits for injuries or deaths resulting from consensual dueling, removing victim compensation while the practice remains criminal.

(LC) Draft Ready for Delivery
#remedies(seealso:liability;torts)
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Bill Summary · LC 2008

Legislative bill overview

Bill LC 2008 proposes to eliminate civil liability for damages resulting from injuries or deaths that occur during consensual dueling. This would modify Montana law to prevent injured parties or families of deceased individuals from recovering monetary damages through lawsuits when harm results from agreed-upon duels.

Why is this important

Dueling is already illegal in Montana as a criminal matter, but this bill would remove the civil remedy that currently allows victims to sue for compensation. The change would leave injured parties without legal recourse to recover medical costs, lost wages, or other damages, despite being harmed by another person's conduct. This represents a significant shift in how the law balances personal responsibility with victim compensation.

Potential points of contention

  • Victim compensation: Removing civil damages eliminates a key mechanism for injured parties to recover costs associated with serious injuries or death, even when another party caused the harm
  • Consent as liability shield: The bill essentially allows people to contract away liability protections, raising questions about whether consensual activity should eliminate all legal accountability
  • Criminal versus civil law interaction: While dueling remains a criminal offense, eliminating civil damages creates an unusual gap where the conduct is punished criminally but victims cannot seek compensation

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

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