Dog Bite Injuries: Who's Liable?
This legal principle is designed to protect the public andensure that those harmed by domestic animals are not left to shoulder theburden alone. However, as with many areas of personal injury law, the issue ismore nuanced than it first appears. While strict liability places a heavyresponsibility on dog owners, there are clearly defined exceptions tothis rule — and understanding them is critical for both injury victims and petowners.
Strict Liability Explained
Strict liability removes the requirement to provenegligence. In most personal injury cases, a plaintiff must demonstrate thatthe defendant was careless or reckless in some way. That is not the case withMontana dog bite law. According to Montana Code Annotated § 27-1-715,the owner of a dog that bites a person, without provocation, is liable for anyresulting damages if the victim was on public property or lawfully on privateproperty.
This means that a person bitten by a dog does not need toshow that the dog had a history of aggressive behavior or that the owner actedirresponsibly. The simple fact that the dog bit someone, without beingprovoked, is generally enough to establish liability — unless one of the law’s twoexceptions applies.
Legal Exceptions to Owner Liability
While Montana’s dog bite law is strict, it is not absolute.The statute identifies two exceptions under which a dog owner may not beheld liable:
- Provocation by the Injured Party
If the person who was bitten provoked the dog — by hitting, teasing, or otherwise threatening it — the owner may have a valid defense. The courts look at provocation through a reasonable person standard: would a reasonable person expect a dog to respond aggressively in that situation? If the answer is yes, liability may be reduced or eliminated. - Unlawful Presence on Private Property
If the injured party was unlawfully present on private property at the time of the incident, strict liability does not apply. Importantly, the law also defines who is “lawfully” present. People are considered lawfully on private property if they are there:- To perform duties imposed by state or federal law (such as postal workers or utility employees),
- Or as invitees or licensees of the property owner (such as guests, delivery drivers, or maintenance workers).
This exception protects property owners from liability if,for example, someone trespasses onto their land and is bitten by a dog.
To better understand how Montana’s strict liability lawapplies in the real world, consider the following scenario:
Amanda, a U.S. Postal Service employee, is walking upa residential driveway to deliver a package. As she nears the front door, alarge dog bursts through the screen door and bites her arm. Amanda seeksmedical attention and later decides to pursue a personal injury claim. Thehomeowner, Ben, insists that his dog has never bitten anyone before andargues that the animal was startled, not aggressive.
In this case, Amanda would likely succeed in her claim. Shewas lawfully on the property, performing duties required by federal law. Thebite was unprovoked, and under Montana’s strict liability law, Ben isresponsible — regardless of whether he knew the dog might behave aggressively.
Now let’s adjust the facts: Imagine that a teenager sneaksinto Ben’s backyard in the middle of the night, looking to use the swimmingpool without permission. The dog attacks the intruder, causing injury. In thisversion of the story, Ben may not be liable, since the injured party was notlawfully present on the property at the time.
Legal and Practical Implications for Dog Owners
Dog owners in Montana must understand that they can be heldliable even without warning signs of aggressive behavior. It isessential to:
- Keep pets secured at all times
- Warn guests about protective or anxious dogs
- Train animals and supervise them around unfamiliar people
- Post signs if necessary, especially near entry points
Being proactive can prevent injuries — and costly lawsuits.
What to Do if You’ve Been Bitten
If you are bitten by a dog in Montana, you should take thefollowing steps:
- Get medical attention immediately.
- Document everything — take photographs of injuries, record the location, and gather witness statements if possible.
- Report the incident to local animal control or the police.
- Consult a personal injury attorney to understand your legal options.
Even if the dog’s owner apologizes or says it was afirst-time incident, the law is likely in your favor — and compensation may beavailable for your medical expenses, lost wages, pain and suffering, andemotional distress.
Contact Ryan, Miller & Coburn
At Ryan, Miller & Coburn, we have extensiveexperience handling personal injury claims involving dog bites and animalattacks across Montana. Whether you are seeking damages as an injured party ordefending against a claim as a pet owner, our team is prepared to guide youthrough the legal process with clarity and confidence.
Contact us today to schedule a free consultation andget the answers you need.
