Great Falls & MontanaDog Bite
Great Falls & Montana Dog Bite Lawyers: Dog Bites, Dog Attacks and Animal Attack Injuries
Boland Aarab PLLP.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
If a dog bit you or your child inside Great Falls or any other incorporated city or town in Montana, the owner is generally liable for your injuries even if the dog had never bitten anyone before. Outside city and town limits, you can still recover by proving the owner was careless. Most claims are paid by homeowner’s or renter’s insurance, and you generally have three years to file.
Key Takeaways
- Montana’s dog bite statute makes the owner liable for an unprovoked bite in a public place, or lawfully in a private place, within an incorporated city or town, “regardless of the former viciousness of the dog” (§ 27-1-715, MCA).
- Provocation is the defense written into the statute.
- Outside city or town limits, a claim rests on ordinary negligence (§ 27-1-701, MCA) and the owner’s knowledge of the dog’s behavior.
- Most injury claims must be filed within 3 years (§ 27-2-204, MCA).
On this page: Montana’s statute · City limits · Provocation · Outside town · Insurance · Children · What to do · Damages and deadlines · Why Boland Aarab · FAQ
Bitten by a dog, or is your child hurt? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What does Montana’s dog bite law say?
Montana’s dog bite statute imposes strict liability: within an incorporated city or town, the owner of a dog that bites someone without provocation is liable for the resulting damages, whether or not the owner knew the dog was dangerous.
The statute, § 27-1-715, MCA, has these elements:
- The defendant owned the dog.
- The dog bit the person (or a service animal).
- The bite was without provocation.
- The person was in a public place, or lawfully in a private place, located within an incorporated city or town.
When those elements are met, the owner is liable “regardless of the former viciousness of the dog or the owner’s knowledge of the viciousness.” There is no “one free bite.” A first bite from a dog that had always seemed gentle is covered the same as a bite from a dog with a history.
The statute also defines who is lawfully in a private place. A person is lawfully there when performing a duty imposed by Montana law or by federal law or postal regulations, such as a mail carrier, meter reader or public official, or when on the property as an invitee or licensee of the person lawfully in possession of it, such as a guest, customer or delivery driver.
The Legislature amended the statute in 2025 to cover bites to service animals as well as people. A person whose service animal is attacked may now have a claim for the harm to the animal under the same rule.
Does it matter whether the bite happened inside city limits?
Yes. The strict-liability statute applies only to bites within an incorporated city or town.
Great Falls, Billings, Missoula, Helena, Bozeman, Kalispell and Montana’s other incorporated cities and towns are covered. But much of Montana is not. A bite on a farm outside Belt, at a rural home in the Sun River valley or in an unincorporated subdivision outside a city is not covered by § 27-1-715, even if the address uses a nearby town’s name. Butte and Anaconda are consolidated city-county governments, and whether a particular location counts under the statute can require a closer look.
Where the bite happened is therefore one of the first questions we answer. It decides which rules apply and what has to be proven.
What counts as provocation?
Provocation generally means conduct by the injured person that would cause a dog to bite, such as hitting, kicking or teasing the dog. It is the defense written into the statute, and insurers raise it often.
Whether particular conduct was provocation is a question of fact. Petting a dog that its owner invited you to pet, walking past a yard on a public sidewalk, or reaching for a ball are ordinary acts that a reasonable dog owner should expect. A young child who hugs a dog or grabs its tail is not acting the way an adult who deliberately harms an animal does, and a jury can take a child’s age and understanding into account.
Insurers sometimes also claim that the injured person was trespassing. The statute protects people in public places and people lawfully in private places, so the reason you were on the property matters. A guest, a customer, a delivery driver and a mail carrier are all lawfully there.
What if the bite happened in the country?
Outside an incorporated city or town, you can still recover, but you must prove that the owner failed to use reasonable care.
Montana’s general negligence statute makes each person responsible for injuries caused by a want of ordinary care in managing their property (§ 27-1-701, MCA). In a dog case, that usually means proof of one or more of the following:
- The owner knew, or should have known, the dog was dangerous, from earlier bites, attacks on livestock or other animals, lunging at visitors, or complaints from neighbors.
- The owner failed to control the dog, by letting it run loose, leaving a gate open, or ignoring a leash or animal-control rule.
- The owner left a dangerous dog with a child or with someone who could not control it.
The same negligence rules apply to injuries that are not bites, even inside city limits. A large dog that knocks down an older adult or a cyclist can cause fractures and head injuries. The strict-liability statute covers bites; a knock-down case is usually proven through negligence.
Under Montana’s comparative-fault law, a negligence claim is reduced by the injured person’s share of fault and is barred only if that share is greater than the defendants’ combined fault (§ 27-1-702, MCA).
Who pays for a dog bite claim?
In most cases, the dog owner’s homeowner’s or renter’s insurance pays.
Homeowner’s and renter’s policies commonly include personal liability coverage that responds to dog bites, often even when the bite happens away from the owner’s home. Some policies exclude certain breeds or dogs with a known bite history, and some owners carry an umbrella policy in addition to their homeowner’s coverage. A landlord’s policy, a business’s commercial policy or a dog-sitter’s or kennel’s coverage may also apply, depending on where the bite happened and who was in control of the dog.
What that means for you:
- The claim is against the insurance, not the family’s savings, in most cases. Many people hesitate to bring a claim against a neighbor, friend or relative. A claim is usually resolved by the insurer the owner has paid for this purpose.
- Policies have limits. A serious facial injury or a child’s injury can exceed a small policy. We identify every policy that may apply.
- The adjuster works for the owner’s insurer. Do not give a recorded statement or sign a medical release before talking with a lawyer.
What if the person bitten was a child?
Children are among the most frequently and most seriously injured dog bite victims, and their claims need particular care.
Because of their height, young children are often bitten on the face, head and neck. The injuries can include deep lacerations, nerve damage, and scarring that changes as the child grows. Many children also develop lasting fear or anxiety after an attack. A full claim considers:
- Future plastic and reconstructive surgery, which often cannot be done until the child is older.
- Scarring and disfigurement, and how they may affect the child’s life.
- Counseling for nightmares, anxiety and fear of dogs.
- A parent’s time and expenses for care and treatment.
For a person who was a minor when the claim arose, the time of minority generally is not counted toward the filing deadline (§ 27-2-401, MCA). Waiting is still rarely wise. Witnesses move, the dog’s history becomes harder to prove, and a parent’s own claims for medical expenses may follow different rules.
What should you do after a dog bite?
- Get medical care. Dog bites often become infected, and deep puncture wounds can damage nerves and tendons.
- Identify the dog and its owner, and ask for proof of rabies vaccination.
- Report the bite to local animal control or law enforcement. The report documents the bite and the dog’s history.
- Photograph your injuries as they heal, and photograph the place where the bite happened, including any open gate or broken fence.
- Get names of witnesses and neighbors who know the dog.
- Keep your torn or bloodied clothing.
- Do not give a recorded statement to the owner’s insurer before talking with a lawyer.
What can you recover, and how long do you have?
Montana law allows recovery for the full harm a dog bite causes, including past and future medical care, reconstructive surgery, lost earnings, scarring and disfigurement, pain and suffering, emotional distress and loss of the established course of life. When an attack causes a death, the family may bring wrongful death and survival claims (§§ 27-1-513, 27-1-501, MCA).
Deadlines:
- 3 years to file most injury claims (§ 27-2-204, MCA).
- Minors: the time of minority generally is not counted (§ 27-2-401, MCA).
- Claims against a government entity, such as a bite by a police dog or at a public facility, require written presentation of the claim first (§ 2-9-301, MCA).
The Boland Aarab Way
We are trial lawyers, and we prepare every case as if it will be tried and then appealed. A dog bite claim may look simple, but insurers still argue provocation, location and the value of a scar. They make better offers when they know the injured person’s lawyers will take the case to a jury.
- 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 try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom. See our results.
- We know federal and appellate court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years, and Samir Aarab has argued twice before the Ninth Circuit. The Boland Aarab appellate record reaches back to 1977.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves. Both are members of the American Association for Justice and the Montana Trial Lawyers Association; Caitlin serves as an AAJ Governor and on the MTLA Board.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do we handle dog bite cases?
Our office is at 18 6th Street North, Suite 200, Great Falls, MT 59401. We handle dog bite and animal attack cases across Montana, including Great Falls, Billings, Missoula, Helena, Bozeman, Butte and Kalispell. We also handle premises liability, bicycle accident and pedestrian accident cases.
Where do we handle dog bite cases?
We are based at 18 6th Street North, Suite 200, in Great Falls, and handle dog bite cases across Montana. Our attorneys travel for depositions, hearings and trial. For local information, see our pages for Billings dog bite lawyers, Missoula dog bite lawyers, Helena dog bite lawyers, Bozeman dog bite lawyers, Butte dog bite lawyers, Kalispell dog bite lawyers and Havre dog bite lawyers.
Frequently Asked Questions
Is Montana a strict liability state for dog bites? Within incorporated cities and towns, yes. The owner of a dog that bites someone without provocation, in a public place or lawfully in a private place, is liable regardless of the dog’s history (§ 27-1-715, MCA).
Does the one-bite rule apply in Montana? Not within incorporated cities and towns, where the statute makes the owner liable even for a first bite. Outside city or town limits, the owner’s knowledge of the dog’s dangerous behavior is often central to a negligence claim.
What if the dog bite happened outside city limits? You can still recover by proving the owner was negligent, for example by letting a dog known to be aggressive run loose. The strict-liability statute does not apply there.
Does homeowner’s insurance cover dog bites in Montana? Usually. Most homeowner’s and renter’s policies include liability coverage that pays dog bite claims, although some exclude certain breeds or dogs with a bite history.
Can I sue a friend, neighbor or family member whose dog bit me? Yes, and in most cases the claim is paid by their insurance rather than by them personally. We handle these claims with care for the relationship.
My child was bitten by a dog. What should I do? Get medical care, report the bite, photograph the injuries as they heal, and talk with a lawyer before speaking with the owner’s insurer. A child’s claim should account for future surgery and scarring.
What if the dog knocked me down but did not bite me? The bite statute does not cover that injury, but you may recover under ordinary negligence if the owner failed to control the dog.
How long do I have to file a dog bite claim in Montana? Generally 3 years (§ 27-2-204, MCA). For a child, the time of minority generally is not counted (§ 27-2-401, MCA).
Talk to a Great Falls Dog Bite Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Sources: § 27-1-715, MCA · § 27-1-701, MCA · § 27-1-702, MCA · § 27-2-204, MCA · § 27-2-401, MCA · § 27-1-513, MCA · § 27-1-501, MCA · § 2-9-301, MCA
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
