The following actions must be commenced within two years after the claim for relief has accrued:
4. An action for injuries done to the person of another, when death ensues from such injuries, and the claim for relief must be deemed to have accrued at the time of the death of the party injured; provided, however, that when death ensues as the result of malpractice, the claim for relief is deemed to have accrued at the time of the discovery of the malpractice. However, the limitation will not be extended beyond six years of the act or omission of alleged malpractice by a nondiscovery thereof unless discovery was prevented by the fraudulent conduct of the physician or hospital. N.D. Cent. Code Ann. § 28-01-18
The following actions must be commenced within six years after the claim for relief has accrued:
5. An action for criminal conversation or for any other injury to the person or rights of another not arising upon contract, when not otherwise expressly provided. N.D. Cent. Code Ann. § 28-01-16
Discovery Rule - A claim for relief accrues when a reasonble person not suffering from disabilities would have been cognizant of facts placing reasonable person on notice that a potential claim exists. Case Law: BASF Corp. v. Symington, 512 N.W.2d 692, 695 (N.D. 1994).
Product liability tort actions, whether based upon negligence or strict liability, are subject to six-year statute of limitations under statute governing limitation of actions for injury to person or rights of another not coming under contract. NDCC 28–01–16, subd. 5
Statute of Repose - 1. Except as provided in subsections 4 and 5, there may be no recovery of damages in a products liability action unless the injury, death, or property damage occurs within ten years of the date of initial purchase for use or consumption, or within eleven years of the date of manufacture of a product. N.D. Cent. Code Ann. § 28-01.3-08
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