Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

NORTH DAKOTA

Negligence / Personal Injury

2 Years 2 years with Discovery Rule.

Products Liability

10 Years 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.

Wrongful Death

2 Years 2 years with Discovery Rule, runs from date of death unless death from malpractice.

Asbestos

3 Years 3 years from discovery.

Intentional Torts

2 Years 2 Years

Fraud

6 Years 6 Years for relief on ground of fraud at both law and in equity.  Cause of action accrues upon discovery of facts.

Discovery Rule

See specific rules above otherwise standard rule applies.

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.

Charitable Immunity

Abolished.

Comparative Negligence

Applies, unless plaintiff is 50% or more responsible.

Municipalities

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.

Sovereign Immunity

State and political subdivisions have limited tort liability. 

Punitive Damages

Clear and convincing evidence necessary.
Caps: Two times compensatory damages or $250,000.

Consumer Fraud Complaint

North Dakota Office of the Attorney General, Consumer Protection
(701)328-3404 (Consumer Hotline)
(800)472-2600

Professional Malpractice

2 Years 2 years with Discovery Rule, but no more than 6 years for reason of non-discovery unless discovery was prevented by defendant’s conduct.

Medical Malpractice

2 Years 2 years with Discovery Rule, but no more than 6 years for reason of non-discovery unless discovery was prevented by defendant’s conduct.