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

NORTH DAKOTA

Negligence / Personal Injury

years with Discovery Rule.

Wrongful Death

years with Discovery Rule, runs from date of death unless death from malpractice. SOR: 6 years unless prevented by fraud.

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. Continuous treatment rule applies.

Caps:
$500,000 limit on non-economic damages. Economic damage awards in excess of $250,000 subject to court review.

Malpractice (Other Professions)

years. SOR: 6 years.

Products Liability

SOR: 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

years

Fraud

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

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. State and political subdivisions have limited tort liability.

Discovery Rule

See specific rules above otherwise standard rule applies.

Comparative Negligence

Contributory fault does not bar recovery in action to recover damages for death or injury unless fault was as great as combined fault of all other parties.

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. SOL does not run during absence or concealment of defendant.

Punitive Damages

Exemplary damages may be allowed in following cases: For breach of obligation not arising on contract where defendant has been guilty of oppression, fraud or actual malice. 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