North Dakota

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (NORTH DAKOTA)

Personal Injury - 6 yrs. [NDCC, 28-01-16]

Wrongful Death - 2 yrs. (form death) (if malpractice involved, from discovery of malpractice, but no later than 6 yrs. from act/omission) [NDCC, 28-01-18]

Med Mal - 2 yrs. from discovery (but within 6 yrs. from act/omission) [NDCC, 28-01-18]

Property Damage - 6 yrs. [NDCC, 28-01-16]

Contracts (Oral and Written) - 6 yrs. [NDCC, 28-01-16]

Contracts for Sale (goods) and Breach of Warranty - 4 yrs. (from tender of delivery) [NDCC, 41-02-104]

 

Courts use an objective standard for the knowledge requirement under the discovery rule. The focus is upon whether Plaintiff is aware of facts that would place a reasonable person on notice a potential claim exists, without regard to Plaintiff's subjective beliefs [Kuntz v. Muehler, 603 N.W.2d 43 (N.D. 1999)]

 

 

 

Statutes of Repose (NORTH DAKOTA)

Products - None (declared unconstitutional)

Construction to Real Property - 10 yrs. (if injury occurred during 10th year, may sue within 2 yrs. from occurrence) [NDCC, 28-01-44]

Claims Against Public/Gov. Entities (NOTE: some “Sovereign Immunity” Limitations May Apply) (NORTH DAKOTA)

Against State - Notice within 180 days (1 yr. if death), Suit within 3 yrs. [NDCC, 32-12.2-04; 28-01-22.1]

Against Political Subdivisions - Suit within 3 yrs. [NDCC, 32-12.1-10]

 

 

 

Comparative Negligence (NORTH DAKOTA)

Modified comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 50% at fault) [NDCC, 32-03.2-02]

 

 

 

Made Whole Doctrine (MWD) (NORTH DAKOTA)

Has not been adopted.

 

 

 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (NORTH DAKOTA)

Recognized/applied.  Under ELD, contract law, and not products liability tort law, governs actions of persons seeking redress for damages when the injury is confined to the defective product itself [Leno v. K & L Homes, Inc., 803 N.W.2d 543 (N.D. 2011)].  ELD applies to consumer purchases as well as to commercial transactions [Clarys v. Ford Motor Co., 592 N.W.2d 573 (N.D. 1999)]

 

 

 

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (NORTH DAKOTA)

In Med Mal actions, Plaintiff must serve an affidavit containing an admissible expert opinion to support a prima facie case of professional negligence [NDCC, 28-01-46]

 

 

 

Landlord/Tenant Subrogation (NORTH DAKOTA)

No subrogation allowed, “Sutton Rule” has been adopted.  Absent express agreement to the contrary, Tenant is implied coinsured under Landlord’s fire insurance policy, and Insurer may not seek subrogation against Tenant [Community Credit Union of New Rockford, N.D. v. Homelvig, 487 N.W.2d 602 (N.D. 1992)]

 

 

 

Reimbursement of Deductible(s) (NORTH DAKOTA)

No law available

 

 

 

MedPay and PIP (NORTH DAKOTA)

MedPay and PIP - No subrogation allowed and/or no such coverage offered.

 

 

 

Liability of Parents (NORTH DAKOTA)

$1,000 (+costs) for malicious or willful acts [NDCC, 32-03-39].  Any negligence of a minor driver must be imputed to the individual who has signed the application of minor’s license [NDCC, 39-06-09]

 

 

 

Joint Liability (NORTH DAKOTA)

Several liability (Plaintiff can recover from each Defendant only that Defendant’s share of liability), except for Defendants who acted in concert [N.D. Code § 32-03.2-02]

 

 

 

Independent Cause of Action for Evidence Spoliation (NORTH DAKOTA)

Not addressed/recognized.

 

 

 

Conflicts of Law (NORTH DAKOTA)

Justice, fairness and best practical result may best be achieved by giving controlling effect to the law of the jurisdiction which, because of its relationship or contact with the occurrence/parties, has greatest concern with specific issues raised in the litigation [Issendorf v. Olson, 194 N.W.2d 750 (N.D. 1972)].