Kalispell, MontanaKalispell Dog Bite
Kalispell Dog Bite Lawyers: Dog Attacks in Kalispell, Whitefish, Columbia Falls and Rural Flathead County
Boland Aarab PLLP.
If a dog bit you or your child in Kalispell, Whitefish or Columbia Falls, the owner is generally liable even if the dog never bit anyone before. Outside those three cities, in places like Evergreen, Bigfork or Lakeside, you can still recover, but you must prove the owner was careless. Most claims are paid by homeowner’s or renter’s insurance. You generally have three years to file.
Bitten by a dog in the Flathead Valley? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Why does the town matter so much in a Flathead County dog bite case?
Montana’s strict-liability dog bite statute applies only within an incorporated city or town (§ 27-1-715, MCA). Flathead County has just three incorporated cities: Kalispell, Whitefish and Columbia Falls. Much of the county’s population lives outside them.
That produces results that surprise people:
- A bite on a Kalispell sidewalk or in a Whitefish backyard where you were a guest falls under the statute. The owner is liable for an unprovoked bite “regardless of the former viciousness of the dog.”
- A bite in Evergreen, just east of Kalispell along US-2, or in Bigfork, Lakeside, Somers, Martin City or Marion, is generally outside the statute, even though the mailing address may read “Kalispell.” Those communities are unincorporated.
- In those areas the claim rests on ordinary negligence (§ 27-1-701, MCA). We look for proof that the owner knew the dog was dangerous or failed to control it. That can be an earlier bite, attacks on livestock, complaints from neighbors, or a dog routinely let loose on a rural road.
Finding the exact location of the bite is one of the first things we do. City limits in the valley are irregular, and newer subdivisions on the edges of Kalispell and Whitefish may or may not have been annexed.
What local rules apply to dogs in Kalispell?
Local ordinances can help show what a careful owner should have done.
- Kalispell makes it unlawful to let a dog run at large within city limits and requires dogs on public streets and in public places to be on a leash no longer than six feet (Kalispell City Code, Chapter 4). Both the city’s animal warden and Kalispell police officers can enforce it.
- Flathead County has its own animal ordinances that apply outside the cities, published by the county animal shelter.
- Trails and parks. Kalispell’s Parkline Trail, Lawrence Park and Lone Pine State Park, and the lake and river access areas, put leashed and unleashed dogs near runners, cyclists and children.
A leash-law violation does not automatically decide a case. It can be strong evidence that the owner did not use reasonable care, especially in a rural negligence claim.
What happens after a dog bite in Kalispell?
Medical care. Deep puncture wounds, and bites to the face and hands, should be seen the same day. Serious bites are treated at Logan Health Medical Center in Kalispell or Logan Health – Whitefish. A child’s facial bite may need a plastic surgeon, now and again as the child grows.
The bite report. A bite from a dog, cat, ferret, livestock or wild animal that could carry rabies triggers a bite report by mandatory reporters, such as medical providers. The county health department and animal control then follow up to confirm the animal does not have rabies. Usually the dog is quarantined at home for 10 days. The health officer may require quarantine at the Flathead County Animal Shelter, 225 Cemetery Road, Kalispell, or at a veterinarian. The health department’s file often records who owns the dog, its vaccination status and any earlier bites. That is valuable evidence.
Police. Report an attack to the Kalispell Police Department inside city limits, to Whitefish or Columbia Falls police in those cities, or to the Flathead County Sheriff’s Office elsewhere.
Court. A lawsuit is filed in the Eleventh Judicial District Court at the Flathead County Justice Center, 920 South Main Street, Kalispell. Most dog bite cases resolve through the owner’s insurer without trial. When they don’t, a Flathead County jury decides. A bite in Polson or on the south end of Flathead Lake is in Lake County and the Twentieth Judicial District.
Montana law that applies
In brief; see our Montana dog bite lawyer page for more.
- Strict liability in town. An owner is liable for an unprovoked bite to a person in a public place, or lawfully in a private place, within an incorporated city or town. Since 2025 the statute also covers bites to service animals (§ 27-1-715, MCA).
- Provocation is the defense written into the statute.
- Negligence elsewhere. Outside town, the claim rests on the owner’s lack of ordinary care (§ 27-1-701, MCA). Comparative fault applies (§ 27-1-702, MCA).
- Deadlines. Generally 3 years (§ 27-2-204, MCA). For a child, the years of minority generally are not counted (§ 27-2-401, MCA).
Why hire a Great Falls firm for a Kalispell case?
Most dog bite claims are paid by a homeowner’s, renter’s or landlord’s policy. The insurer’s adjuster has handled many of them. We are based in Great Falls and handle injury claims across Montana. We travel to Kalispell for meetings, depositions and court, and we prepare a bite case with the same care as any other, including the medical and scarring evidence a Flathead County jury would see. We do not have a Kalispell office.
The Boland Aarab Way
- We prepare cases for trial. Our attorneys have spent more than 4,000 hours in the courtroom and have tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties.
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client (Voegel v. Salsbery, 2023 MT 137).
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
- We are part of the trial bar. Both attorneys belong to the American Association for Justice and the Montana Trial Lawyers Association.
We also handle premises liability cases in Kalispell and bicycle accident cases in Kalispell. See our Kalispell personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
I was bitten in Evergreen. Does Montana’s dog bite law apply? Not the strict-liability statute, because Evergreen is not an incorporated city. You can still recover by proving the owner was negligent, for example by letting a known aggressive dog run loose.
Who investigates a dog bite in Flathead County? Bite reports go to the county health department and animal control, which follow up on rabies and quarantine. Police or the sheriff respond to attacks, depending on where the bite happened.
The dog was on a leash on the Parkline Trail when it bit me. Do I have a claim? Very likely, if the bite was unprovoked and inside Kalispell city limits. A leash does not excuse the owner under the statute.
My child was bitten at a friend’s house in Whitefish. Do we sue the family? The claim is usually made against their homeowner’s or renter’s insurance, not their savings. Whitefish is an incorporated city, so the strict-liability statute generally applies.
How long do I have to file after a Kalispell dog bite? Generally 3 years. For a child, the years of minority generally are not counted. Evidence and witnesses are easier to find 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.
