Montana Dog Bite Laws: Owner Liability and Deadlines

Montana has a dog bite statute, but it only covers certain situations; other cases follow traditional common-law rules.

Montana dog bite law at a glance

Question	Answer
Type of rule	Strict liability within cities and towns
Main statute	MCA 27-1-715
Defense	Provocation
Outside cities	Common law
Filing deadline	3 years (Justia)

What Montana law says

MCA 27-1-715 covers bites in public places or private places lawfully entered within incorporated cities or towns.
Lawful presence includes performing a legal or postal duty, or being an invitee or licensee.
Owners are liable for livestock or poultry killed or injured (81-7-402).

Strict liability vs. the one-bite rule

The statute imposes liability only in the situations it lists. Outside those situations, injured people rely on the common law: showing the owner knew or should have known the dog was dangerous (the "one-bite" rule) or that the owner was negligent.

Dangerous dog rules in Montana

Counties may regulate, kill or quarantine vicious dogs by ordinance (MCA 7-23-2109).
A vicious dog bites or attempts to bite a person without provocation, or harasses, chases or bites another animal.

Deadline to file a claim

Justia's 50-state survey lists 3 years as the general personal injury deadline (statute of limitations) in Montana. The clock usually starts on the day of the bite. Different deadlines can apply to claims against a government agency or on behalf of a child, so confirm the deadline for your situation with a licensed attorney.

What to do after a dog bite

Get medical care, even for a small puncture; bites can become infected.
Get the owner's name, contact details and the dog's rabies vaccination status.
Report the bite to local animal control or the health department; many places require it so the dog can be observed for rabies.
Photograph the injuries and the location, and write down witness names.
Keep medical bills and records of missed work, and talk to an attorney before signing anything from an insurer.

If you own a dog that has bitten someone, follow any confinement order from animal control, keep the dog's rabies vaccination current, and consider working with a trainer or behaviorist. Leash rules are covered in Montana leash laws.

Sources

This page summarizes state statutes for general information and is not legal advice. Laws change and cities and counties often add their own rules; check the current statute and your local ordinance, or ask a licensed attorney about your situation.

Montana Dog Bite Laws