North Dakota

STATUTE OF LIMITATIONS

Personal Property: 6 Years

Personal Injury: 2 Years

Medical Manpractice: 2 or 6 Years

Breach of Contract (Written): 6 Years

Breach of Contract (Oral): 6 Years

Statute of Repose (Real Property): 10 Years

Statute of Repose (Products): 10 or 11 Years (purchase date or manufacture date)

Breach of Warranty: 4 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

3 Year statue of limitations against State Agencies

PIP/MED PAY SUBROGATION

PIP: YES
-only against adverse insurer and not individual tortfeasor
MED PAY: NO

CONTRIBUTORY NEGLIGENCE

Modified Comparative-50%
Plaintiff cannot recover if 50% or more at fault (if found to be 50% at fault, no recovery)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability:
-$1,000.00 plus costs for property damage
-Unlimited for auto liability

Liable when child under 18 causes willful or malicious destruction to real or personal property

Liability when child commits negligent act in the operation of a motor vehicle

Liability when parent signs child’s application for license

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals

JOINT AND SEVERAL LIABILITY

Several Liability
-Except when defendants are acting in concert

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: NO

MADE WHOLE DOCTRINE

N/A

DEDUCTIBLE REIMBURSEMENT

Pro-Rata reimbursement

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.