27-1-709. Property owner's immunity from damage caused by use of property unlawfully taken. - Montana Statutes

     27-1-709. Property owner's immunity from damage caused by use of property unlawfully taken. (1) The owner or possessor of personal property that is stolen is not liable in the absence of gross negligence for injury or damage arising out of the use of the property while the property is possessed by another. The owner of real property that is criminally misused by another without the owner's knowledge is not liable in the absence of gross negligence for injury or damage arising out of the misuse. This section includes property taken by theft, robbery, or burglary directly from the person's body or from a place of residence, tent or other recreational structure, or motor vehicle or boat that is owned, possessed, or used by the person owning or possessing the property.
     (2) This section does not modify, amend, or eliminate the doctrines of negligence per se or attractive nuisance.

     History: En. Sec. 1, Ch. 400, L. 1997.