Dogs are beloved companions across Montana. Whether they’re helping work a ranch, hiking mountain trails, or curled up by the fireplace after a long day, they’re part of many families.
Unfortunately, even the friendliest dog can bite under certain circumstances. When that happens, the injuries can be serious.
If a dog has bitten you or a loved one, you may be wondering who is responsible for your medical bills, lost wages, and other damages. Here’s what you should know about Montana’s strict liability dog bite law.
What Is Strict Liability?
In many personal injury cases, an injured person has to prove that someone was negligent before they can recover compensation. However, with strict liability, that is different.
Under Montana law, a dog owner may be liable for injuries caused by their dog. This can happen even if they had no reason to believe the dog would bite or act aggressively. In other words, the focus is not on whether the owner acted carelessly, but on the fact that the injury occurred because of the dog.
This is different from the “one bite rule” used in some states. With that, an owner may not be liable unless they knew or should have known their dog had dangerous tendencies.
Why Does Montana Have a Strict Liability Law?
While most dogs are well-trained and well-loved, dog attacks can happen unexpectedly. In these cases, they leave victims with painful injuries and expensive medical treatment.
Under the state’s strict liability law, victims can pursue compensation without having to prove the owner knew the dog might become aggressive.
What Compensation May Be Available?
If a dog owner is responsible for your injuries, you may be able to recover compensation for losses such as:
- Medical expenses
- Future medical treatment
- Lost income
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent scarring or disfigurement
Remember that every case is different. Your compensation will depend on the severity of the injuries and how they affect your daily life.
Are There Exceptions to the Rule?
There are circumstances that may affect a claim. Sometimes, there are issues if the injured person was trespassing, intentionally provoking the dog, or engaging in conduct that contributed to the incident.
Insurance coverage can also become an issue. Some homeowners’ or renters’ insurance policies cover dog bite claims, while others exclude certain breeds or incidents.
In these situations, you want to work with an experienced dog bite lawyer in Montana. They will know what insurance is available and how it applies to your case.
Dog Bites Can Have Lasting Consequences
Many people hesitate to pursue a claim after being bitten. Many times, they do not want to create conflict with a friend, neighbor, or family member. Keep in mind that these dog bite claims are handled through homeowners’ insurance.
When you seek compensation, you are not punishing responsible pet owners. You need the resources to recover physically, emotionally, and financially from a bite. Under Montana’s strict liability law, you are able to pursue compensation for your injuries.
An Experienced Montana Dog Bite Attorney Can Help
Montana’s strict liability dog bite law seems pretty easy to understand. However, insurance companies do not always make the claims process easy.
They may dispute the extent of your injuries, argue that an exception applies, or attempt to minimize the value of your claim. This is why you need an experienced legal team on your side.
If you or someone you love has been injured in a dog attack, reach out to AFJ Law, PLLC. We can help you determine whether you have a claim and what options may be available under Montana law.
Click here to visit our Montana Personal Injury Frequently Asked Questions page.
Contact us if you still have questions about your Montana dog bite case.