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Negligence / Personal Injury
2 Years2 years with Discovery Rule.
Products Liability
10 Years10 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 Years2 years with Discovery Rule, runs from date of death unless death from malpractice.
Asbestos
3 Years3 years from discovery.
Intentional Torts
2 Years2 years
Fraud
6 Years6 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 Years2 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 Years2 years with Discovery Rule, but no more than 6 years for reason of non-discovery unless discovery was prevented by defendant’s conduct. |
