Butte, MontanaButte Dog Bite
Butte Dog Bite Lawyers: Dog Attacks, Child Bite Injuries and Knock-Down Falls in Butte, Walkerville and Rural Silver Bow County
Boland Aarab PLLP.
If a dog bit you or your child in Butte, the owner may be liable even if the dog never bit anyone before. Montana’s strict-liability dog bite statute covers bites inside an incorporated city or town, and because Butte-Silver Bow is a consolidated city-county government, where the bite happened needs a close look. Outside those limits you can still recover by proving the owner was careless. Most claims are paid by homeowner’s or renter’s insurance.
Bitten by a dog in Butte, or is your child hurt? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Why does the location of a Butte dog bite matter so much?
Montana’s dog bite statute makes the owner of a dog that bites without provocation liable “regardless of the former viciousness of the dog,” but only for bites in a public place, or lawfully in a private place, “located within an incorporated city or town” (§ 27-1-715, MCA).
Butte is unusual. Butte and Silver Bow County merged in 1977 into one consolidated city-county government, Butte-Silver Bow, which governs both the urban area and the rural parts of the county. That raises questions the statute does not answer on its face:
- The urban area of Butte, from Uptown to the flats along Harrison Avenue and Continental Drive, is the historic city. Whether a bite there counts as “within an incorporated city or town” under the consolidated charter is a legal question we analyze in each case.
- Walkerville, on the hill above Uptown, is its own incorporated town, which helps the analysis for a bite there.
- Rural Silver Bow County, including places such as Rocker, Ramsay and Melrose and the subdivisions outside the urban area, may fall outside the statute even with a Butte mailing address.
The answer decides what must be proven. Under the statute, you need not show the owner knew the dog was dangerous. Outside it, you usually do.
What if the bite happened outside town?
You can still recover under ordinary negligence (§ 27-1-701, MCA) by showing the owner failed to use reasonable care. In rural Silver Bow County, that often means proof that:
- the dog had lunged at, chased or bitten people or livestock before, and the owner knew it;
- the owner let the dog run loose along a county road or trail;
- a gate, chain or fence the owner relied on was broken or left open; or
- the owner left an aggressive dog with a child or someone who could not control it.
Neighbors, delivery drivers and animal-control records are often the strongest evidence of a dog’s history. Under Montana’s comparative-fault rule, your recovery is reduced by any share of fault assigned to you, and barred only if your share is greater than the defendants’ combined (§ 27-1-702, MCA).
The same negligence rules apply to a large dog that knocks down an older adult on an icy Uptown sidewalk or a cyclist on the Blacktail Creek trail. The bite statute covers bites; a knock-down injury is usually proven through negligence, wherever it happens.
What happens after a dog bite in Butte?
- Get medical care. Dog bites often become infected, and deep punctures can damage nerves and tendons. St. James Healthcare in Butte treats bite injuries and can refer children who need plastic or reconstructive surgery.
- Report the bite to Butte-Silver Bow Animal Control at (406) 497-6527. Animal Services is at 699 Centennial Avenue, and the county’s animal rules are in Title 6 of the Butte-Silver Bow Municipal Code (Animal Services). The report documents the bite, the dog’s rabies status and any history on file, which can matter a great deal later.
- If the bite came with a threat or an assault, also call the Butte-Silver Bow Law Enforcement Department.
- Photograph the wounds as they heal, and photograph the yard, gate or fence where the dog got out.
- Get names of the owner, witnesses and neighbors who know the dog.
- Do not give a recorded statement to the owner’s insurer before talking with a lawyer.
Where the case is heard. A Butte dog bite claim is usually filed in the Second Judicial District Court, Silver Bow County (§ 3-5-101(2), MCA), at the courthouse at 155 West Granite Street. Most bite cases involve a local owner and stay in state court; a case against an out-of-state landlord, kennel or business could end up in the U.S. District Court, Butte Division, at the Mike Mansfield Federal Courthouse (mtd.uscourts.gov).
Montana law that applies
Briefly. Our Montana dog bite lawyer page covers the statute, provocation and insurance in more depth.
- Strict liability within city or town limits for an unprovoked bite, with no “one free bite” (§ 27-1-715, MCA). Since 2025, the statute also covers bites to service animals.
- Provocation is the defense written into the statute, and a young child’s conduct is not judged like an adult’s.
- Negligence governs bites outside those limits and knock-down injuries.
- Deadlines: generally 3 years (§ 27-2-204, MCA); for a child, the time of minority generally is not counted (§ 27-2-401, MCA).
- A claim involving a government dog or facility must be presented in writing first (§ 2-9-301, MCA).
Who pays for a dog bite claim in Butte?
In most cases, the owner’s homeowner’s or renter’s insurance, not the owner’s savings. Many Butte families hesitate to bring a claim against a neighbor or relative. The claim is usually resolved by the insurer the owner has paid for exactly this purpose. When a tenant’s dog bites someone, the landlord’s policy may also be involved if the landlord knew of the danger. A serious facial injury to a child can exceed a small policy, so we look for every policy that applies.
Why hire a Great Falls firm for a Butte case?
Because the most important questions in a Butte bite case, where the bite happened for purposes of the statute and whether the owner knew the dog was dangerous, are legal and factual questions that deserve careful work. We are based in Great Falls and handle cases statewide. Our attorneys travel to Butte to meet with you, see where the attack happened, take depositions and attend hearings and trial. There is no Boland Aarab office in Butte, and our jury trials have been in Cascade, Phillips, Meagher and Yellowstone Counties.
The Boland Aarab Way
- We try cases: more than a dozen jury trials and more than 4,000 hours in the courtroom.
- We protect verdicts: the Montana Supreme Court reinstated a $168,500 jury verdict for our client in Voegel v. Salsbery, 2023 MT 137 (case summary).
- We handle our own appeals, with an appellate record that reaches back to 1977.
- You work with the lawyers, Caitlin Boland Aarab and Samir Aarab, both members of AAJ and the Montana Trial Lawyers Association.
We also handle premises liability cases in Butte and pedestrian accident cases in Butte. See our Butte personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
Does Montana’s strict dog bite law apply in Butte? It applies to bites within an incorporated city or town. Because Butte-Silver Bow is a consolidated city-county, whether a particular location qualifies needs legal analysis; Walkerville is its own incorporated town.
What if I was bitten on a ranch or rural property outside Butte? You can still recover by proving the owner was negligent, for example by letting a dog it knew was aggressive run loose.
Who do I report a dog bite to in Butte? Butte-Silver Bow Animal Control, at (406) 497-6527. The report helps confirm rabies status and documents the dog’s history.
My child was bitten at a friend’s house in Butte. Will a claim hurt the family? Usually the claim is paid by the family’s homeowner’s or renter’s insurance, not by them personally. We handle these claims with care for the relationship.
How long do I have to bring a Butte dog bite claim? Generally 3 years, and for a child the time of minority generally is not counted. Evidence about the dog’s history is easier to gather early.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
