20-7-1301. Purpose -- intent -- immunity. (1) The legislature finds that protecting youth athletes from serious injury is a compelling state interest. The purpose of 20-7-1301 through 20-7-1304 is to prevent permanent injury and death to youth athletes in the state of Montana. To further this interest, the legislature finds:
(a) concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities;
(b) a concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull;
(c) the risks of catastrophic injuries or death are significant when a concussion or brain injury is not properly evaluated and managed;
(d) concussions are a type of brain injury that can range from mild to severe and can disrupt the way the brain normally works;
(e) concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, with the ground, or with obstacles;
(f) concussions occur with or without loss of consciousness; and
(g) continuing to play with a concussion or symptoms of brain injury leaves the youth athlete especially vulnerable to greater injury and even death.
(2) (a) Sections 20-7-1301 through 20-7-1304 do not create a new cause of action.
(b) A person acting in an individual capacity and not on behalf of the state or any political subdivision of the state who volunteers to assist with an organized youth athletic activity is not liable for civil damages arising out of an act or omission relating to the requirements of 20-7-1301 through 20-7-1304. This subsection (2)(b) does not apply to liability for willful or wanton misconduct.
History: En. Sec. 2, Ch. 260, L. 2013; amd. Sec. 1, Ch. 331, L. 2017.