Is Montana a strict liability state for dog bites?

Only inside incorporated cities and towns. Under MCA 27-1-715, the owner of a dog that bites without provocation a person who is in a public place or lawfully on private property in an incorporated city or town is liable regardless of the dog's former viciousness or the owner's knowledge.

What about bites outside a city or town?

The statute does not apply there, so liability depends on scienter (the owner knew or should have known the dog was dangerous), negligence, or negligence per se, such as breaking a leash law.

What defenses does the owner have?

Provocation and trespass, because the statute covers only an unprovoked bite on a person lawfully present. The Montana Supreme Court held in 1995 that provocation is decided case by case.

Does my own fault reduce the award?

Under the statute, summaries of Montana case law say comparative negligence is not available as a defense. For negligence claims outside cities and towns, modified comparative negligence applies.

How long do I have to file?

Three years for a dog bite injury claim, under the general injury limit in MCA 27-2-204.

Montana Dog Bite Liability

Montana's dog bite statute is unusual: strict liability applies only to bites inside incorporated cities and towns. Outside them, you must prove the owner knew the dog was dangerous or was negligent.

Cited to MCA 27-1-715 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

What is your claim worth?

Enter your estimated damages and a few quick facts about the incident.

Estimated damages (medical bills, lost wages, etc.)

Where did the bite happen?

Did the dog bite you?

Were you on public property or lawfully on private property?

Did you provoke the dog?

Outside a city or town only: can you show the owner knew the dog was dangerous, or broke a leash or animal-control law?

Who are you claiming against?

Your own share of fault, if any (matters for negligence claims outside cities and towns): 0%

Estimated result

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Add pain & suffering to this number →

Strict liability stops at the city limits

MCA 27-1-715 makes the owner of a dog that bites, without provocation, a person in a public place or lawfully on private property located within an incorporated city or town liable regardless of the dog's former viciousness or the owner's knowledge. A person is lawfully on private property when performing a legal duty or as an invitee or licensee of the person in possession.

Outside cities and towns, a victim relies on scienter, negligence or negligence per se. Provocation and trespass are the defenses written into the statute, and the Montana Supreme Court has said provocation is a case-by-case question.

Injured in Montana?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Montana attorney

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Montana statutes. Confirm how these rules apply to your specific case with a licensed Montana attorney.

Montana Dog Bite Liability

What is your claim worth?

Strict liability stops at the city limits

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