Overview
 The law of the State
of Montana is favorable to the victim if the injury took place in an incorporated
city or town. Attacks in cities and towns are strictly the responsibility
of the owner of the dog. A person who is injured by a dog in this state, whether in an urban or other setting, also may use the more common grounds for liability. They are scienter, negligence, and negligence per se. For further information about these causes of action, see Legal Rights of Dog Bite Victims in the USA.
The state dog bite statute is
numbered 27-1-715, and reads as follows:
27-1-715.
Liability of owner of vicious dog.
(1) The owner
of any dog which shall without provocation bite any person while such person
is on or in a public place or lawfully on or in a private place, including
the property of the owner of such dog, located within an incorporated city
or town shall be liable for such damages as may be suffered by the person
bitten regardless of the former viciousness of such dog or the owner's
knowledge of such viciousness.
(2) A person
is lawfully upon the private property of such owner within the meaning
of this section when he is on such property in the performance of any duty
imposed upon him by the laws of this state or by the laws or postal regulations
of the United States of America or when he is on such property as an invitee
or licensee of the person lawfully in possession of the property.
Montana does not permit the defense of comparative negligence or any other affirmative defenses, excepting only provocation and trespass because these are mentioned in the statute itself. Stroop v. Day, 271 Mont. 314 (1995).
A nonresident property owner is not liable for injuries to others inflicted by a dog owned and maintained by the occupant of the property in question. Vennes v. Miller, 954 P.2d 736 (Mont. 1998).
Litigation forms and other materials for attorneys
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