Is the Landlord Liable for a Tenant's Dog Bite in Montana?

By the FigureMyTax Editorial Team · How we calculate

Montana has a direct answer for an absentee owner: not liable for a dog the occupant owns and maintains.

Vennes v. Miller

According to a Montana dog bite law summary, the Montana Supreme Court held in Vennes v. Miller (1998) that a nonresident property owner is not liable for injuries inflicted by a dog owned and maintained by the occupant of the property.

Limited to what the case decided

The holding concerns a nonresident owner. A landlord who lives on the property, controls the dog or the area where it is kept, or knew of a dangerous dog and could have acted may face different questions, which turn on the facts.

The strict liability statute

MCA 27-1-715 imposes liability on the owner of the dog, so a landlord who does not own the dog is outside the statute.

The owner still pays

The dog's owner remains liable, strictly if the bite was inside an incorporated city or town, or on a scienter or negligence theory elsewhere.

Official sources

• MCA 27-1-715

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Montana's rules apply to your specific case with a licensed Montana attorney.