Dog bites cause more injuries than most people realize. According to the CDC, over 4.5 million dog bites occur annually in the United States, with approximately 800,000 requiring medical attention. Montana's strict liability statute provides strong protections for bite victims — but understanding how the law works is essential to protecting your claim.
Montana's Strict Liability Dog Bite Statute
Montana Code Annotated § 27-1-715 imposes strict liability on dog owners, but only for bites that occur within an incorporated city or town. Where the statute applies, the victim does not need to prove the owner was negligent or knew the dog was dangerous. Outside city limits, including much of Flathead County, the statute does not apply, and a victim must instead prove negligence, for example, that the owner let a known-aggressive dog roam, ignored a leash requirement, or failed to repair a fence. Whether the bite happened inside or outside municipal limits is therefore one of the first questions in any Montana dog bite case.
MCA § 27-1-715 was updated in 2025 to include service animals as bite victims.
This is a significant advantage compared to "one-bite" states, where a victim must prove the owner knew the dog had dangerous tendencies. In Montana, first-time biters and repeat offenders are treated the same under the statute.
Defenses to Dog Bite Claims
Where the statute applies, the defenses available to a dog owner are narrow. Montana courts have held that the only defenses are the two the statute itself names: that the victim provoked the dog, or that the victim was not lawfully present. Comparative negligence and assumption of the risk are not available defenses to a statutory dog bite claim. Insurance companies nevertheless argue provocation aggressively, even where the victim's conduct was entirely ordinary, approaching a dog with the owner's permission, walking past a dog on a public sidewalk, or delivering a package. Montana courts assess provocation case by case.
Compensation for Dog Bite Injuries
Dog bite injuries can be severe and life-altering, particularly for children. Recoverable damages typically include: emergency medical treatment, surgery and hospitalization, reconstructive surgery for scarring and disfigurement, psychological counseling, lost wages (for adults), pain and suffering, and future medical treatment.
For children — who are the most frequent victims of serious dog bites — the long-term psychological impact can be profound. Fear of animals, nightmares, anxiety, and PTSD are common and should be documented and included in the claim.
Insurance Coverage for Dog Bites
Most homeowner and renter insurance policies include liability coverage for dog bites, typically with limits between $100,000 and $300,000. Some policies exclude certain breeds, and some insurers won't cover dogs with a bite history. When the dog owner's policy doesn't cover the full extent of damages, the owner's personal assets may be pursued.
What to Do After a Dog Bite
Seek medical attention immediately — dog bites carry serious infection risk including rabies and bacterial infections. Report the bite to local animal control, which creates an official record and may trigger a quarantine of the animal. Document your injuries with photos over time as they heal (or don't). Identify the dog and its owner, and contact a personal injury attorney before accepting any insurance settlement.
If you or your child has been bitten by a dog in the Flathead Valley, contact Cannon Breck for a free consultation.
