Montana Dog Bite Settlement Calculator
Liability Factors (Montana Hybrid Rule)
Owner Liability (Required for Rural Areas)
Victim & Incident Details (Comparative Fault)
Injury Details
Economic Damages & Insurance
Estimated Settlement Value
How Montana’s Dog Bite Law Works (The “Hybrid Rule”)
Montana uses a hybrid liability system — part strict liability, part negligence-based. This means the outcome depends on where the bite happened.
1. Inside a City or Town — Strict Liability
If the bite occurs within an incorporated city or town, Montana’s strict liability law applies.
That means the dog owner is automatically responsible, even if the dog had no history of aggression. You don’t have to prove negligence.
Legal reference: Montana Code Annotated (MCA) § 27-1-715
2. In a Rural or Unincorporated Area — The “One-Bite” Rule
If the attack happens in a rural area, you’ll need to prove one of these:
- The dog had a known history of aggression, or
- The owner was negligent (like ignoring leash laws or encouraging aggression)
Without one of these, your claim may not hold up — this is the “one-bite” rule in action.
Montana Dog Bite Settlement Calculator Explained
The Montana Dog Bite Settlement Calculator (embedded below) gives you a customized estimate of your potential compensation. It combines state law, economic damages, and comparative fault rules into one tool.
The calculator estimates your total potential recovery based on:
- Liability type (strict vs. negligence-based)
- Fault percentage (if you share any responsibility)
- Severity of injuries
- Economic losses (medical bills, lost wages, property damage)
- Pain and suffering multipliers
- Insurance policy limits
Let’s look at how those pieces fit together.
What Affects Montana Dog Bite Compensation?
1. Economic Damages
These are your out-of-pocket losses, such as:
- Medical bills (past and future)
- Lost wages and reduced earning potential
- Property damage (like torn clothing or broken glasses)
2. Non-Economic Damages (Pain & Suffering)
Pain and suffering includes:
- Physical pain
- Emotional distress
- PTSD or anxiety
- Disfigurement or scarring
The calculator uses a severity multiplier based on the Dunbar Bite Scale, which measures how serious the injury was:
- Level 1–2: No puncture or shallow wound
- Level 3–4: Deep punctures
- Level 5–6: Severe injury or death
The higher the level, the greater your compensation multiplier.
Comparative Fault in Montana (Why Fault Percentage Matters)
Montana follows a modified comparative fault rule under MCA § 27-1-702.
That means your compensation is reduced by your share of fault.
Example:
- You’re 25% at fault (maybe you startled the dog).
- Your total damages are $80,000.
- You’d recover $60,000 (after a 25% reduction).
But here’s the kicker — if you’re 51% or more at fault, you can’t recover anything.
Real-Life Example of a Montana Dog Bite Claim
Let’s say:
- The attack happened in Missoula (strict liability)
- Medical bills total $12,000
- You missed $3,000 in wages
- The dog caused deep puncture wounds (Dunbar Level 4)
- You have lasting scarring and PTSD
Your total compensation might look like this:
| Damage Type | Estimated Value |
|---|---|
| Medical Costs | $12,000 |
| Lost Wages | $3,000 |
| Pain & Suffering (4x multiplier) | ~$48,000 |
| Total Settlement | ≈ $63,000 |
If the dog owner’s insurance policy caps coverage at $50,000, your payout would stop there — the calculator accounts for this.
When You Might Get Less (or Nothing)
Your settlement can shrink — or vanish — if:
- You were trespassing when bitten
- You provoked the dog
- The owner had no liability (rural area, no prior aggression, no negligence)
The calculator automatically adjusts or blocks recovery if these apply.
Insurance Policy Limits
Most Montana homeowners’ or renters’ policies cover dog bites, usually between $100,000–$300,000.
If your damages exceed the policy cap, you can still pursue the owner personally — but collecting that money can be tough.
How to Use the Montana Dog Bite Settlement Calculator
- Enter where the incident happened (city or rural).
- Add injury details like bite severity, body location, and psychological impact.
- Include economic damages — medical bills, lost wages, and property costs.
- Enter the dog owner’s insurance policy limit (if known).
- Click “Calculate Estimate.”
You’ll see:
- Total economic damages
- Estimated pain & suffering value
- Total potential settlement, capped by insurance if applicable
And if Montana law blocks your claim (for example, too much victim fault), the calculator will show a clear warning.
Disclaimer
This tool gives an educational estimate, not legal advice.
Every case is unique. Laws, insurance coverage, and evidence vary.
If you’re bitten by a dog in Montana, consult a qualified personal injury attorney for specific legal guidance.