Dog bites are frightening for any victim, but children are both the most frequent and most vulnerable. Montana's dog bite law offers important protections, and parents should understand their child's rights.
Montana's Strict Liability Rule
In incorporated cities and towns, Montana imposes strict liability on dog owners when their dog bites a person who is lawfully present, under Montana Code Annotated § 27-1-715. That means the owner is generally liable for a bite regardless of whether the dog had ever bitten before — there's no automatic 'one free bite.'
This strict liability makes many urban Montana dog bite claims more straightforward than in states requiring proof the owner knew the dog was dangerous.
Why Children's Cases Are Serious
Children are bitten more often and more severely, frequently on the face, head, and neck because of their height. These injuries can require reconstructive surgery and leave lasting scars, and they often cause significant emotional trauma. Montana law allows recovery for these physical and emotional harms, including future treatment.
Permanent scarring on a child is a recognized and serious element of damages.
Protecting a Child's Claim
A minor's claim has special considerations. The statute of limitations is generally extended for children, and settlements involving minors often require court approval to protect the child's interests. Structured settlements are sometimes used to provide for future needs.
Parents should preserve evidence — photos of injuries, the dog owner's information, and medical records — and avoid quick settlements that don't account for a child's future.
Get Help Protecting Your Child
If your child was bitten in Montana, the law may strongly favor your claim. An attorney can protect your child's interests and full recovery.
Call 973-566-5599 for a free, confidential consultation.
Frequently Asked Questions
Not in cities and towns. There, strict liability applies, so an owner is generally liable even for a first bite of a lawfully present person under § 27-1-715.
Often yes. Settlements involving minors typically require court approval to protect the child, and the filing deadline is generally extended for children.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Montana attorney. Injury Claim Team is a legal referral and lead-generation service, not a law firm.