Montana Dog Bite Attorney
Table of Contents
Key Takeaways
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Montana follows a “strict liability” approach for dog bites: if a dog bites someone “without provocation,” the owner is generally liable—even if the bite happens on the owner’s property (with key exceptions like trespassing).
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No “one free bite” rule in Montana: the page emphasizes that an owner can be responsible even if the dog has never shown prior aggression.
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Liability often turns on a few core facts (e.g., whether the person was lawfully on the property, whether there was provocation, and whether the victim was trespassing).
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Damages can include both economic and non-economic losses, such as medical bills (including ongoing care), lost wages, pain and suffering, emotional distress, and permanent scarring/disfigurement.
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Timing matters: the page states Montana has a three-year statute of limitations for dog-bite personal injury claims.
Dog bites are a terrible situation for everyone involved; they can be very painful, and it can be a long process for those whose dogs bite someone else. Dog bites are a situation no one wants to be in, especially when injuries are involved.
Dog bite incidents are not usually intentional events, but if you sustain injuries from a dog bite, the owner should be held accountable for the actions of their dog. The attorneys at Joyce, MacDonald, Haynes & Johnston can help with all stages of a dog bite case to help you get the compensation you deserve.
Montana Legislation for Dog Bites
The state of Montana takes dog bites very seriously. If a dog injures someone, its owner is liable, even if the dog bite takes place on the owner’s property. Under 27-1-715 of Montana law, the owner is responsible if a dog bites a person “without provocation” if they are bitten under the following circumstances:
- On or in a public place
- Lawfully on or in a private place (including the dog owner’s property)
- Located within an incorporated city or town
Unlike other states, Montana does not have a “free bite” rule. It does not matter if the dog has never shown a history of viciousness or aggression. Under Montana’s strict liability laws, owners are liable for any damages; an exception is if the person bitten was trespassing.
Negligence and Liability in Montana Dog Bite Cases
Unfortunately, dog bites are more common than you might think. Statistics suggest more than 4.5 million people experience a dog bite every year, with approximately 800,000 victims needing medical attention. Nearly half of those individuals are children.
Determining negligence and liability in a Montana dog bite case is essential because it can establish whether the owner can be held liable for the injuries their dog caused you. Here are some factors that can determine liability:
- Whether the individual bitten was trespassing
- Whether the individual bitten was legally allowed to be in the place the individual was attacked
- Knowing if the dog was provoked into attacking
Do I Need a Dog Bite Attorney in Montana?
If you sustain a personal injury due to a dog bite from someone’s dog, you should seek medical attention before calling a knowledgeable dog bite attorney to schedule a consultation. Your attorney can be able to help gather evidence to help build a case against the liable dog owner.
Why Work with Us
Joyce & MacDonald has been representing Butte and the communities in Southwest Montana for more than 90 years. Clients choose to work with us because we are local and have “feet on the ground”; people can count on us to quickly respond to the scene of an accident to assess a situation and start gathering evidence.
We are proud of our track record. Our personal injury attorneys are fully committed to assisting our clients and will work a case with understanding and transparency. Throughout the duration of your dog bite case, we will maintain close communication with you and listen to any unique challenges you may face.
“This firm is knowledgeable, kind, and sincere. They took the time to meet with me and walked me through processes. [Turn] around time was managed well with communication in between. I will definitely be going back for any future needs.” — Courtney R.
Preparing for a Dog Bite Case? Contact Us.
A dog bite situation is scary for both the dog owner and the person bitten. If you sustained an injury from a dog bite and want to know your options for a personal injury claim, the attorneys at Joyce, MacDonald, Haynes & Johnston can help.
Our legal team is highly experienced in all types of injury cases and is well-versed in Montana personal injury law. We staunchly stand by our clients to defend their rights and pursue justice.
For legal representation, call our firm at 406-723-8700 to discuss your case. If you prefer, fill out our online contact form. Our personal injury lawyers proudly serve Butte and the Southwestern Montana region.
Frequently Asked Questions
What Injuries Can Result from Dog Bites?
Dog bites can cause serious injuries, including physical, psychological, and emotional trauma for individuals who have been bitten. Common injuries include:
- Lacerations
- Puncture wounds
- Scarring
- Crushing injuries
- Rabies
- Nerve damage
Can I Sue for Injuries Sustained from Other Animals?
Victims of animal bites can seek damages for their injuries if the owner had a duty of care and breached this duty, causing injury. Pet owners can also be held liable for other types of bites, such as cat bites. Other animals also may apply under Montana law; check with an experienced attorney.
What Damages Can I Seek for a Dog Bite Case in Montana?
Victims of dog bites can seek damages for both economic and non-economic damages. This includes but is not limited to, medical expenses, emergency room and immediate medical care, ongoing medical treatment, lost wages, property damage, pain and suffering, emotional distress, and any permanent injuries, such as scarring or disfigurement.
What is the Statute of Limitations for a Dog Bite in Montana?
Montana has a three-year statute of limitations on dog bites for personal injuries. This means a person who is bitten has three years from the date of the incident to file an injury claim.
Can I Sue for a Dog Bite if it is the First Time the Dog Bit Someone in Montana?
Yes, in Montana, you can sue a dog owner for a vicious dog bite, even if this is the first time the dog has bitten someone. Some states will give a free “pass” for first-time bite offenses, but Montana is not one of them; the state operates under a strict liability premise when it comes to dog bites.
What Happens if Another Dog Attacks My Dog?
If your dog is attacked by another dog, you may potentially be able to sue the other dog owner for any vet bills you incurred. This is a situation where you should speak with a skilled dog bite attorney right away to discuss the incident.
What Should I Do After a Dog Bite Injury in Montana?
To treat a dog bite, you will want to immediately:
- Seek immediate medical attention
- Follow all doctor’s orders
- Contact an experienced dog bite attorney as soon as possible
