Statutes of Limitations (NORTH DAKOTA)

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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)]

 

 

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Statutes of Repose (NORTH DAKOTA)

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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]

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

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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]

 

 

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Comparative Negligence (NORTH DAKOTA)

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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]

 

 

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Made Whole Doctrine (MWD) (NORTH DAKOTA)

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Has not been adopted.

 

 

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

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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)]

 

 

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

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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]

 

 

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Landlord/Tenant Subrogation (NORTH DAKOTA)

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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)]

 

 

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Reimbursement of Deductible(s) (NORTH DAKOTA)

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No law available

 

 

 

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MedPay and PIP (NORTH DAKOTA)

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

 

 

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Liability of Parents (NORTH DAKOTA)

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$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]

 

 

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Joint Liability (NORTH DAKOTA)

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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]

 

 

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Independent Cause of Action for Evidence Spoliation (NORTH DAKOTA)

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Not addressed/recognized.

 

 

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Conflicts of Law (NORTH DAKOTA)

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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)].