Dog attacks can cause serious physical injuries, emotional trauma, and financial stress. In Montana, victims of dog bites have legal options to recover compensation, but the laws aren’t always straightforward. Understanding dog bite liability personal injury laws can help you decide how to move forward after an incident.
If you or a loved one suffered injuries from a dog attack in Kalispell or anywhere in Flathead County, it’s essential to know your rights. This guide breaks down how Montana handles dog bite claims and explains how to seek compensation for dog bite injuries to protect yourself.
Dog Bite Liability and Personal Injury Law Explained
Montana does not follow a “strict liability” rule in all dog bite cases. Instead, the law uses a mix of strict liability and negligence-based liability, depending on the situation.
Under Montana Code § 27-1-715, a dog owner may be held strictly liable if their dog bites someone in a city or town, and the victim did not provoke the animal. In these cases, the injured person doesn’t have to prove that the owner knew the dog was dangerous. Simply showing that the bite occurred within city limits is often enough.
Outside of city limits, the legal process becomes more complicated. In rural areas, victims must typically prove negligence—the owner failed to take reasonable care to prevent the attack. That might include letting the dog roam without a leash or ignoring known aggression.
Proving negligence often requires evidence such as:
- Showing there was a leash law violation
- Past reports of the dog being aggressive
- Lack of supervision or fencing
Every case is unique, so speaking with a personal injury lawyer who understands Montana’s dog bite statutes is key to building a strong claim.
Legal Grounds for Holding a Dog Owner Liable
In Montana, dog owners can be held liable under several theories. The three most common include:
Strict Liability
As noted above, this applies mainly to city or town limits bites. The law holds owners accountable for injuries their dogs cause—even if it’s the first incident.
Negligence
In a negligence dog attack claim, the burden falls on the injured party to show that the dog owner acted carelessly. Examples include failing to restrain the dog in a public space, ignoring leash ordinances, or letting the dog roam on another person’s property.
Negligence Per Se
Suppose a dog owner violates a specific local ordinance, like a leash law, and that violation directly causes harm. In that case, that is “negligence per se,” which means that breaking the ordinance is equivalent to negligence. If a dog were off-leash in a place where leashes are legally required, that could be the foundation of a personal injury dog bite lawsuit.
It’s also worth noting that Montana recognizes the provocation defense. If the dog owner can prove that the victim provoked the animal, they might avoid liability altogether. However, courts tend to view provocation narrowly. Teasing or hitting a dog might qualify, but simply walking past or unintentionally startling the animal likely does not.
Damages You Can Claim After a Dog Bite
Dog attacks can lead to a range of injuries, from puncture wounds to nerve damage and infections. Some victims suffer permanent scarring or even post-traumatic stress. You may be entitled to bite injury compensation if a dog injures you or your child.
Common damages include:
- Medical bills: Including ER visits, stitches, plastic surgery, and follow-up care.
- Lost wages: If your injuries kept you from working, even temporarily.
- Pain and suffering: For physical pain and emotional trauma.
- Emotional distress: Some victims experience long-term psychological harm, especially young children.
- Property damage: If the dog also damaged clothing or personal items during the attack.
In some cases, you might be eligible for additional compensation if the dog had a history of aggression or was previously declared dangerous. These dangerous dog claims may increase the value of your dog bite settlement process, especially if the owner ignores prior warnings.
If the incident happened in a public place, such as a park or sidewalk, you may also have grounds to file a liability claim for a dog attack in a public case. These claims often revolve around whether the dog should have been leashed and whether the owner had control of the animal.
Contact a Kalispell Dog Bite Lawyer
Dog bite cases can be emotionally charged and legally complex. If you’re navigating the aftermath of an animal attack, working with an experienced attorney can help you hold the responsible party accountable.
At Travis & Brann, PLLP, we know how traumatizing these experiences can be and what it takes to build a successful personal injury case. We help clients throughout Kalispell and the surrounding areas pursue justice and compensation after a dog attack.
To connect with a Kalispell dog bite attorney, fill out our contact form or call our office at (406) 752-7550 to get started.
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