Negligence in North Dakota
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A North Dakota fact pattern
Negligence in north-dakota.
Statute of limitations
6 years
N.D. Cent. Code § 28-01-16
Six years from the injury. That number is long. Do not treat it as a reason to wait.
- A state or political-subdivision file has its own presentment under chapter 32-12.2 or 32-12.1. That paper is not the six-year lawsuit.