Montana Dog Bite Lawyers | Medearis & Tsomaya, PLLC

Bozeman Dog Bite Lawyer

A dog bite can place everyone involved in a difficult position. The injured person may be facing medical treatment, scarring, lost income, and emotional trauma. At the same time, the dog’s owner may be a friend, neighbor, relative, or someone the injured person has no desire to hurt financially.

Fortunately, most dog-bite claims are not about taking money directly from the dog owner. In most cases, compensation is pursued through the owner’s homeowners or renters insurance. Our goal is not to punish people or create unnecessary conflict. It is to help injured people obtain the treatment and compensation they need to be made whole.

At Medearis & Tsomaya, PLLC, we represent people injured by dogs in Bozeman, Belgrade, Livingston, Gallatin County, and throughout Montana. We approach these cases with common sense, compassion, and an understanding that the people involved may have an ongoing personal relationship.

Both of our attorneys previously represented insurance companies and their policyholders. We understand how insurers evaluate dog-bite claims, the defenses they raise, and what is necessary to present a claim fairly and completely.

Montana Imposes Strict Liability for Many Dog Bites Within City or Town Limits

Montana law imposes strict liability for qualifying dog bites that occur within the limits of an incorporated city or town.

Under Montana Code Annotated § 27-1-715, a dog owner is liable when the dog bites someone without provocation while that person is in a public place or lawfully on private property within an incorporated city or town. When the statute applies, the injured person does not have to prove that the dog previously bit someone or that the owner knew the dog was dangerous.

In other words, Montana does not give every dog “one free bite” within city or town limits.

The statute still has important requirements. The bite must occur without provocation, the injured person must be lawfully present, and the attack must occur within an incorporated city or town. A person may be lawfully on private property as an invited guest, customer, tenant, worker, delivery driver, or someone performing a legally required duty.

When an attack happens outside city or town limits, an injured person may still have a claim based on negligence or other Montana law. Evidence that the dog had previously acted aggressively—or that its owner failed to use reasonable precautions—may become especially important.

These Claims Are Usually Handled Through Insurance

Many people hesitate to pursue a dog-bite claim because the dog belongs to someone they know. They may worry that the owner will have to personally pay the medical bills or settlement.

In most cases, that is not how the process works.

Dog-bite claims are commonly covered by homeowners or renters insurance. Depending on the circumstances, coverage may also be available through landlord, commercial, umbrella, or other liability policies.

Our first goal is to identify all available insurance coverage. We are generally seeking compensation from an insurance company—not trying to take the dog owner’s home, savings, or personal property.

The insurance company may provide the dog owner with a defense, investigate the claim, negotiate with our firm, and pay covered damages up to the applicable policy limits. This allows an injured person to pursue necessary compensation without treating the claim as a personal fight between neighbors, friends, or family members.

Every policy and situation is different, so we cannot guarantee that insurance will cover every attack. But determining whether coverage exists is an important first step.

Our Goal Is to Make Injured People Whole

A fair dog-bite claim should address the actual harm caused by the attack. That may include more than the initial emergency-room bill.

Dog bites can result in permanent scarring, nerve damage, infection, reconstructive surgery, missed work, and lasting emotional trauma. Children may develop a fear of dogs, experience nightmares, or feel embarrassed by visible facial scars.

Our goal is to place the injured person as close as reasonably possible to the position they would have been in if the attack had never happened. Compensation may include:

Past and future medical expenses
Reconstructive or plastic surgery
Counseling and psychological treatment
Lost wages and reduced earning capacity
Physical pain and suffering
Emotional distress and anxiety
Permanent scarring and disfigurement
Loss of enjoyment of life
Other losses caused by the attack

No amount of money can erase a frightening experience or remove every scar. Compensation can, however, provide access to appropriate treatment, replace lost income, and recognize the lasting effect of the injury.

Dog Bites Involving Children

Children are especially vulnerable to serious dog-bite injuries because of their size. Attacks frequently involve the face, head, and neck, creating a risk of permanent scarring and the need for future medical treatment.

The full effect of a child’s injuries may not be known immediately. As the child grows, additional scar revision, plastic surgery, counseling, or other treatment may become necessary.

An insurance company may attempt to resolve a child’s claim before those long-term consequences are fully understood. We work with families and medical providers to evaluate both the child’s current injuries and reasonably anticipated future needs before recommending a resolution.

We also understand that these cases require sensitivity. A child may have been bitten by a dog belonging to a relative, family friend, or neighbor. Pursuing available insurance coverage can help the child receive appropriate care without unnecessarily turning the claim into a personal dispute.

Common Dog-Bite Injuries

Dog attacks can cause injuries that extend far beyond the initial wound, including:

Facial wounds and permanent scarring
Puncture wounds and lacerations
Nerve, tendon, and muscle damage
Broken bones
Infection
Loss of sensation or function
Eye injuries
Reconstructive or plastic surgery needs
Post-traumatic stress, anxiety, and fear of dogs
Lost income and reduced ability to work

A person may also have a claim even if the dog did not bite. Dogs can cause serious injuries by knocking someone down, pulling a person to the ground, chasing a bicyclist, or forcing someone into traffic or another dangerous situation.

What Should You Do After a Dog Bite?

Your health should come first. Even a wound that initially appears minor can cause infection, tissue damage, nerve damage, or permanent scarring.

After an attack, you should:

Seek prompt medical treatment
Report the attack to animal control or law enforcement
Photograph the injuries before and after treatment
Continue taking photographs as the wounds heal
Identify the dog and its owner
Obtain contact information for witnesses
Preserve torn or bloodied clothing
Follow your healthcare providers’ recommendations
Avoid giving a recorded insurance statement before obtaining legal advice

If possible, photograph the location of the attack, any damaged gate or fence, the leash involved, warning signs, and the area where the dog was being kept.

These steps are not about building a case against the dog owner personally. They help preserve accurate information so the insurance company can properly evaluate what happened.

How Medearis & Tsomaya Can Help

A dog-bite claim can involve more than submitting photographs and medical bills to an adjuster. Depending on the case, our work may include:

Investigating how and where the attack occurred
Obtaining animal-control and law-enforcement records
Locating witnesses and evidence of prior aggression
Identifying homeowners, renters, and other insurance coverage
Communicating directly with the insurance company
Collecting medical records and documenting future treatment
Evaluating scarring, disfigurement, and emotional trauma
Consulting medical or other experts when appropriate
Negotiating for a fair resolution
Filing a lawsuit when necessary to protect the injured person

We believe clients deserve direct access to their attorneys, clear communication, and an honest evaluation of their options. Our objective is to resolve the claim fairly and professionally whenever possible.

Frequently Asked Questions

Will the Dog Owner Have to Pay Me Personally?

Usually, compensation is pursued through homeowners or renters insurance rather than directly from the dog owner. Other insurance may also apply. Coverage depends on the policy and circumstances of the attack.

Can I Bring a Claim if the Dog Belonged to a Friend or Relative?

Yes. Many dog-bite claims involve animals owned by friends, relatives, or neighbors. The availability of liability insurance often allows the injured person to receive compensation without requiring the owner to personally fund the claim.

Does Montana Have a One-Bite Rule?

Not for qualifying bites within an incorporated city or town. Montana imposes strict liability when a dog bites someone without provocation while that person is in a public place or lawfully on private property within the city or town limits.

What If the Attack Happened Outside City Limits?

You may still have a claim. Montana’s strict-liability statute has geographic limitations, but negligence and other legal theories may apply to attacks occurring outside an incorporated city or town.

What If the Dog Knocked Me Down but Did Not Bite Me?

You may still have a claim. A dog owner may be responsible when a dog knocks someone down, causes a bicycle crash, chases someone into danger, or otherwise causes an injury.

Should I Accept the Insurance Company’s Settlement Offer?

You should understand the full extent of your injuries and future treatment needs before signing a release. Once a claim is settled, you generally cannot request additional compensation if scarring, nerve damage, psychological trauma, or other problems later become worse.

How Long Do I Have to Bring a Claim?

Montana generally provides a three-year limitations period for personal-injury claims, but different deadlines and exceptions may apply. Evidence can disappear much sooner, so it is wise to have the claim evaluated promptly.

How Much Does It Cost to Speak With Your Firm?

We offer free consultations for dog-bite and dog-attack cases. When we accept an injury case on a contingency-fee basis, attorney fees are collected from the recovery rather than charged by the hour.

Speak With a Bozeman Dog Bite Lawyer

If you or your child was injured by a dog, we can help you understand your options without turning the situation into an unnecessary personal conflict.

Our goal is not to punish responsible dog owners. It is to identify available insurance coverage and help injured people receive the medical care and compensation they need to be made whole.

Medearis & Tsomaya, PLLC represents dog-bite victims in Bozeman, Belgrade, Livingston, Gallatin County, and throughout Montana. Contact us for a free, confidential consultation.