Dog bites and animal attacks can cause serious injury and loss for victims, often leading to costly medical bills, emotional trauma, and pain. Understanding Montana laws on dog bites and animal attacks enables you to take action to get the legal support you need at this time. You have rights, and you should understand what those rules are. Talk to a Butte dog bite lawyer from Everett Cook Law today.
Montana Dog Bite Laws
There are several dog bite laws found in Montana Code Annotated 27-1-715. These laws are meant to provide specific protections for victims of dog bites and animal attacks when another party owns that animal. Consider the following specific laws.
The Owner Is Responsible
In Montana, the dog owner is responsible for any damage that the dog causes to another person. There is no limitation to this. That means the first time the dog bites a person, the owner is responsible even if they had no indication prior to this that the dog would bite. Even if the dog has never shown signs of biting anyone in the past, shown aggressiveness, or hurt anyone in the past.
The Person Must Be on the Property for a Legal Reason
Another core component of this law is that the victim must have been on the property in a legal manner. In other words, if you were trespassing at the time of the incident, and the dog attacked or bit you while you were trespassing, then the owner may not be held liable.
The owner is liable if they did not warn you of the dog or that you were not allowed to be on the property. If you walk up to your neighbor’s door to provide a package to them that was delivered to your home mistakenly, they could be held liable if their dog bites you. Postal workers and others who have a legal purpose to visit the home may also be able to file a lawsuit.
Common Defenses in Dog Bite and Attack Cases
There are various ways that a property owner may try to defend against these types of claims. That may include:
- You were trespassing.
- The dog was in some way provoked into taking action. This could include instances in which a person makes a threatening action against the dog or otherwise quickly moves their hand towards the dog. This is often decided on a case-by-case basis.
These are the only two types of defense allowed under the state’s laws. As long as you can prove neither of these occurred, the property owner will likely be held liable for your injuries.
The Benefits of Hiring an Attorney in a Dog Bite Case
Though there are many instances in which a dog bite or attack could be prevented, if it does not happen and you have injuries, you may have the legal right to pursue a claim. By working with a dog bite attorney, you may be able to maximize your claim and ensure that the owners are held accountable for the injuries you have.