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North Dakota

Negligence Doctrine: Modified Comparative Negligence – 50 Percent Bar

Circuit # 8

Med Pay Subrogation - No

PIP Subrogation - No

Statute of Limitations

Statute of Repose: Products 10 or 11 years
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 6 years
Personal Property 6 years
Personal Injury N/A
Medical Malpractice 2 or 6 years
Wrongful Death 2 years
Warranty 4 years


Sue Owner for Negligence - NO

Suspend Owner's License - YES

Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists; North Dakota’s Department of Insurance indicates generally, the insured is paid pro rata amount based on the percentage recovered, but reimbursement is a courtesy to the insured


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

The maximum part of an individual’s aggregate disposable earnings for the work week that is subject to garnishment in North Dakota is the lesser of: 1. 25% of the disposable earnings, or 2. The amount of the disposable earnings that exceed 40 times the federal minimum wage; The maximum amount subject to garnishment must be reduced by $20.00 for each dependent family member residing with the defendant

Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability:
    $1,000 plus costs for Property Damage
    Unlimited for Auto Liability
Liability imposed when child willfully or maliciously destroys property; joint and several liability imposed when child commits negligent acts in operation of motor vehicle, such negligent acts harm people or property, and parent signed child’s application for license or permit

Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease

State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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