NORTH DAKOTA

Negligence / Personal Injury
6 Years 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
Toxic Tort
5 Years 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
Wrongful Death
2 Years

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

Medical Malpractice
2 Years Ations having two-year limitations
An action for the recovery of damages resulting from malpractice; provided, however, that the limitation of an action against a physician or licensed hospital 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 licensed hospital. This limitation is subject to the provisions of section 28-01-25. N.D. Cent Code §28-01-18(3).
The two-year statute of limitations governing a medical malpractice claim begins to run only when the plaintiff knows, or with reasonable diligence should know, of the injury, its cause, and the defendant's possible negligence.
White v. Altru Health System 746 N.W.2d 173 N.D.,2008. March 20, 2008
Malpractice (Other Professions)
2 Years with Discovery Rule, but no more than 6 years for reason of non-discovery unless discovery was prevented by defendant's conduct.
Products Liability
6 Years

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:

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

Fraud
6 Years Actions having six-year limitations. An action for relief on the ground of fraud in all cases both at law and in equity, the claim for relief in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud. N.D. Cent. Code §28-01-16(6)

Under North Dakota statute providing that a cause of action in law or equity for relief of fraud shall not accrue until “discovery” by the aggrieved party of the facts constituting the fraud, the word “discovery” means “notice of the facts”. NDRC 1943, 28-0116, subd. 6. Linke v. Sorenson, 1960, 276 F.2d 151. Limitation Of Actions 100(12)

A fraud action is not barred by the passage of time until six years after discovery of the facts constituting the fraud. NDCC § 28-01-16, subd. 6. Rose v. United Equitable Ins. Co., 2001, 632 N.W.2d 429, on remand 2002 WL 34158826. Limitation Of Actions 100(1)
Municipal Liability/Sovereign Immunity
3 Years after occurrence. 180 days to make claim against State, 1 year for death claims. Limited by statute. Requires written notice to office of management and budget.
Discovery Rule
See specific rules above otherwise standard rule applies.
Comparative Negligence
Applies, unless plaintiff is 50% or more responsible.
Charitable Immunity
Abolished
Disabilities
For infants (18th birthday), incompetents, and insane people, statute runs from end of disability and cannot be extended more than 5 years except for infancy in which case no more than 1 year after disability ceases. For medical malpractice, toll is limited to 12 years for infant.
Punitive Damages
Clear and convincing evidence necessary. Caps: Two times compensatory damages or $250,000.
Other Relevant Information
years from discovery for Asbestos Exposure.
No-Fault Insurance
Applies
Consumer Fraud Complaint
North Dakota Office of the Attorney General, Consumer Protection
http://www.ag.state.nd.us/CPAT/CPAT.htm
(701)328-3404 (Consumer Hotline)
(800)472-2600

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