Montana · Dog bite · Updated
Dog bite cases in Montana: the rules and the lawyers
The deadline to file, the fault rule and the other Montana rules that matter for a dog bite case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in Montana that take dog bite cases yet.
At a glance
Checked 6 Nov 2026 · Not legal advice
If you were partly at fault
51% bar
In Montana, if you are found more than 50% at fault, you generally can’t recover. If not, what you get is cut by your share2.
Firms we list
0 firms
None yet for dog bite cases.
Know this first
Step 1: Three years to file in court
3 yearsfor most injury lawsuits
In Montana, most injury lawsuits must be filed in court within three years1.
When the clock starts, and whether an exception applies, can depend on the facts. A lawyer can tell you your exact date.
The law, as written
Personal injury3 years
In Montana, an action on a liability not founded on an instrument in writing, which includes a negligence claim for personal injury, must be commenced within 3 years1.
More detail
Montana sets 2 years for libel, slander, assault, battery, false imprisonment and seduction1, and separate periods for childhood sexual abuse and the claims listed in § 27-2-2191. The current wording of § 27-2-204 took effect October 1, 2026 (amd. Sec. 4, Ch. 709, L. 2025)1.
Medical malpractice in Montana runs 2 years from injury or discovery, whichever is later, and no action may be commenced more than 5 years after the date of injury3. Special rules apply to minors injured before age 43.
If a government body was involved
Step 2: Claims against the state or a local government
If a government vehicle, government property or a public employee was part of what happened, a shorter notice or claim step may come first. Ask a lawyer about it early.
The law, as written
Claims against the State of MontanaPresent to Dept. of Administration first
In Montana, a claim against the state arising under Title 2, chapter 9, parts 1 through 3 must be presented in writing to the department of administration4, and a complaint may not be filed until the department has finally denied it4. The department must grant or deny the claim within 120 days, a failure to decide within 120 days counts as a final denial, and the limitations period is tolled for 120 days from the department's receipt of the claim4.
Claims against counties, cities and other political subdivisions
In Montana, claims against a political subdivision must be presented to and filed with the clerk or secretary of that political subdivision4; subsection (3) contains no 120-day tolling provision. An action on a claim rejected by the county commissioners must be commenced within 6 months after the first rejection5.
How fault is counted
Step 3: If you were partly at fault
51% bar
In Montana, if you are found more than 50% at fault, you generally can’t recover. If not, what you get is cut by your share2.
The law, as written
Bar to recovery51% bar
In Montana, contributory negligence does not bar recovery “if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons against whom recovery is sought”2. A claimant who is more negligent than the defendants combined recovers nothing.
If they were a minor
Step 4: If the injured person is a child
The clock can run differently for a child’s claim.
The law, as written
MinorsTolled during minority
In Montana, if the person entitled to sue is a minor when the cause of action accrues, “the time of the disability is not a part of the time limit for commencing the action”6. The disability must exist when the right of action accrues6.
More detail
Medical malpractice claims for children injured under age 4 follow § 27-2-205(2) instead3.
Next
Step 5: What to do with this
- Write down the datesThe day you were hurt, the day treatment ended, and anything a government body or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. A lawyer licensed in Montana can tell you which ones apply.
- Ask each firmWhich deadline applies to me, does a notice need to go out, and by when?
More Montana rules
This page keeps to the rules that matter most for a dog bite case. The Montana page has all of them.
Injured in Montana: all deadlines and rules
Other case types in Montana:
After a dog bite: the general guide
What to do after a dog bites you or your child: get care, find out who owns the dog, keep a record, and learn how state rules on dog bites differ.
How to check a lawyer’s license in Montana
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take dog bite cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- Mont. Code Ann. § 27-2-204Read the source: Mont. Code Ann. § 27-2-204
- Mont. Code Ann. § 27-1-702Read the source: Mont. Code Ann. § 27-1-702
- Mont. Code Ann. § 27-2-205Read the source: Mont. Code Ann. § 27-2-205
- Mont. Code Ann. § 2-9-301Read the source: Mont. Code Ann. § 2-9-301
- Mont. Code Ann. § 27-2-209Read the source: Mont. Code Ann. § 27-2-209
- Mont. Code Ann. § 27-2-401Read the source: Mont. Code Ann. § 27-2-401
This is general information, not legal advice.