Is Montana a strict liability state for dog bites?
Partly. Montana Code section 27-1-715 makes the owner liable when a dog bites without provocation, whatever the dog's past and whatever the owner knew. The catch is place. The bite must happen in a public place or lawfully in a private place, located within an incorporated city or town.
You were lawfully on private property if you were there as an invitee or licensee of the person in possession. You also qualify if a state law, a federal law or postal rules put you there on duty, as with a letter carrier. The law was amended in 2025 to also protect service animals that are bitten.
The statute speaks only of bites. If a dog knocked you down or scratched you without biting, plan on proving the owner was careless, the same way you would outside town.
Bitten outside city limits in Montana
Much of Montana is not inside any incorporated town. There, the bite statute does not apply and your claim rests on the general duty of care. MCA 27-1-701 makes each person responsible for injury caused by a want of ordinary care in managing their property or person.
In practice you show the owner was careless. A loose dog near a road, a broken kennel latch or past complaints about the dog all help. Check the exact address against city limits before assuming which rule applies.
Montana dog bite statute of limitations
File within three years. MCA 27-2-204 gives three years for an action on a liability not founded on a written instrument, which covers a bite claim under the statute or for negligence.
For a child, MCA 27-2-401 says time spent as a minor is not part of the limit. MCA 41-1-101 defines a minor as anyone under 18, so the three years generally begin at 18.
Comparative fault in Montana
Montana applies a modified comparative rule under MCA 27-1-702. Your own negligence does not bar recovery if it is not greater than the negligence of those you sue, combined. Your damages shrink by your percentage.
Provocation works differently in a strict liability case. A bite that was provoked falls outside section 27-1-715, so the owner will ask what you did first. Keep your account of those seconds short, honest and the same every time you tell it.
When to call a Montana dog bite lawyer
Call before you give a recorded statement. Whether the bite happened inside town limits and whether you were an invited guest, can change the whole claim.
Government dogs add a step. Under MCA 2-9-301, a claim against the state goes first in writing to the department of administration. The department has 120 days to grant or deny it and the filing pauses the limitations clock for those 120 days. A claim against a city or county is filed with its clerk or secretary.
How to report a dog bite in Montana
Report the bite to your local health department. The Montana DPHHS, Rabies page sets out the next steps.
Before you sign with anyone, check that the attorney is licensed: use the State Bar of Montana attorney directory.
