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NORTH DAKOTA

Negligence / Personal Injury
2 Years with Discovery Rule.
Wrongful Death
2 Years

with Discovery Rule, runs from date of death unless death from malpractice.

Medical Malpractice
2 Years with Discovery Rule, but no more than 6 years for reason of non-discovery unless discovery was prevented by defendant's conduct.
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
10 Years after date of initial purchase for use or within 11 years of date of manufacture, except where manufacturer, distributor, or retailer, becomes aware of defect and fails to take reasonable steps to warn users of product defect. This SOL applies to minors.
Intentional Torts
2 Years
Fraud
6 Years for relief on ground of fraud at both law and in equity. Cause of action accrues upon discovery of facts.
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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