North Dakota Tort Reform laws determine how much time you have to file a mass tort claim, whether your state caps the damages you can recover, and how your own fault percentage affects your payout.
This North Dakota tort reform guide covers every rule that matters if you are considering a mass tort lawsuit — statute of limitations deadlines, damage caps, comparative fault, and which major active lawsuits affect North Dakota residents the most. Understanding North Dakota tort reform before you talk to a lawyer helps you know what to expect.
Verified against North Dakota statutes and official sources as of May 2026.
In This North Dakota Tort Reform Guide:
North Dakota Tort Reform Statute of Limitations
The statute of limitations is the deadline to file a lawsuit. Under North Dakota tort reform rules, the time limit depends on the type of injury. Missing your deadline means you lose your right to sue entirely, regardless of how strong your case may be.
| Injury Type | Time Limit |
|---|---|
| Personal Injury | 6 years from date of injury or discovery (NDCC 28-01-16). |
| Wrongful Death | 2 years from date of death (NDCC 28-01-18) |
| Product Liability | 6 years from date claim accrues (NDCC 28-01.3). Asbestos claims specifically have a 3-year SOL. |
| Medical Malpractice | 2 years from discovery of the injury, with a hard outer limit of 6 years from the date the malpractice occurred (NDCC 28-01-18). |
Personal injury details: Minors: SOL tolled until age 18, then 6 years runs (deadline at age 24). Claims against government entities: 3 years with 180-day notice of claim requirement (NDCC 32-12.2).
Medical malpractice details: Exception: the 6-year outer limit does not apply if the healthcare provider fraudulently concealed the malpractice. No statutory pre-suit notice requirement for private providers, but government entity claims require 180-day notice.
Discovery rule: YES. North Dakota applies a discovery rule. The SOL begins on the earlier of: (1) the date the plaintiff actually discovers the injury, or (2) the date the plaintiff should have discovered the injury through reasonable diligence. Applies to personal injury, medical malpractice, and government claims. For medical malpractice, the discovery rule is subject to the 6-year outer limit from date of malpractice (unless fraudulent concealment).
Statute of repose: NDCC 28-01.3-09 provides a 10-year statute of repose from date of initial purchase (or 11 years from date of manufacture) for product liability claims. However, the North Dakota Supreme Court declared this statute unconstitutional in Dickie v. Farmers Union Oil Co. of LaMoure, 611 N.W.2d 168 (N.D. 2000). It has not been enforced since that ruling. Effectively NONE for product liability. No separate construction statute of repose found.
These North Dakota tort reform deadlines apply to most mass tort claims. However, some MDLs have their own rules — for example, the Camp Lejeune Justice Act created a special two-year filing window.
Always verify your specific deadline with a licensed attorney, as North Dakota tort reform statutes may have exceptions not listed here.
North Dakota Tort Reform Damage Caps
Damage caps limit how much money you can recover in a lawsuit, even if a jury awards you more. North Dakota tort reform damage cap rules affect mass tort settlements and verdicts directly.
Understanding these limits helps you set realistic expectations for potential compensation under North Dakota tort reform law.
| Damage Type | Cap |
|---|---|
| Non-Economic (Pain & Suffering) | NO CAP on non-economic damages in general personal injury cases. |
| Punitive Damages | Capped at the greater of 2x compensatory damages OR 250000, whichever is higher (NDCC 32-03.2-11). |
| Total Damages | NO CAP on total damages in general tort cases. |
| Medical Malpractice | 500000 cap on non-economic damages only (NDCC 32-42-02). |
Non-economic damages details: Only medical malpractice has a non-economic damage cap (see med_mal_damage_cap). Claims against the state are capped at 375000 per person and 1000000 per occurrence (NDCC 32-12.2, updated effective July 1, 2022). Claims against charitable organizations capped at 250000 per person and 1000000 per occurrence.
Punitive damages details: Requires clear and convincing evidence of oppression, fraud, or actual malice. No punitive damages allowed against political subdivisions or charitable organizations. No punitive damages if claimant is not entitled to compensatory damages.
Total damages details: Government entity claims capped at 375000 per person and 1000000 per occurrence.
Medical malpractice cap details: Applies regardless of the number of healthcare providers, defendants, or claims in the lawsuit. No cap on economic damages (medical bills, lost wages). Constitutional status contested: ND Supreme Court upheld the cap in Condon v. St. Alexius Medical Center (2019), but South Central Judicial District Judge Cynthia Feland ruled the cap unconstitutional in January 2025, finding it deprives catastrophically injured patients of equal protection. The lower court ruling contradicts the Supreme Court precedent and may be subject to further appeal. Fixed amount, not adjusted for inflation.
North Dakota tort reform caps can significantly reduce your recovery in a mass tort case. If North Dakota caps non-economic damages, your pain and suffering award is limited regardless of injury severity.
Some caps have been challenged as unconstitutional in North Dakota courts — check with a local attorney for the current status of any North Dakota tort reform cap.
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North Dakota Tort Reform Comparative Fault Rule
Comparative fault determines whether you can recover damages if you share some responsibility for your injuries. Under North Dakota tort reform rules, defendants in mass tort cases often argue that the plaintiff contributed to their own harm (for example, by continuing to use a product after a recall).
North Dakota follows a modified comparative fault (50% bar) system. You can recover damages as long as your fault is less than 50%. If you are 49% at fault, you can recover (reduced by 49%). If you are 50% or more at fault, you recover nothing.
If plaintiff is 30 percent at fault: recovers 70 percent of damages (damages reduced by plaintiff’s fault percentage). If plaintiff is 49 percent at fault: recovers 51 percent of damages. If plaintiff is 50 percent at fault: completely barred from any recovery. If plaintiff is 51 percent at fault: completely barred.
The statute defines fault broadly to include negligence, malpractice, absolute liability, dram shop liability, failure to warn, reckless or willful conduct, assumption of risk, misuse of product, failure to avoid injury, and product liability including strict liability and breach of warranty.
Joint and several liability: Pure several liability only — NOT joint and several (NDCC 32-03.2-02). Each defendant is liable only for the percentage of damages attributable to that defendant’s percentage of fault. Sole exception: defendants who act in concert in committing, aiding, encouraging, or ratifying a tortious act are jointly liable for their combined share.
Notable North Dakota Mass Tort Verdicts & Settlements
1. Burleigh County verdict — 1127000000 (over 1.1 billion): Three young women struck head-on; two killed, one survived. Families of decedents each received over 333 million; surviving plaintiff received over 470 million. 2. Johns-Manville Corporation mesothelioma settlement — 8000000: Former construction worker asbestos exposure case. 3. 3M Company mesothelioma settlement — 4000000: Former factory worker exposed to asbestos-containing products.
Note: Individual settlement and verdict amounts vary dramatically based on the specific facts of each case. These examples are provided for general context only and do not predict what you might recover.
Active Mass Tort Cases Affecting North Dakota Residents
Several major active Multidistrict Litigation (MDL) cases have significant numbers of plaintiffs from North Dakota:
GENERAL PARTICIPATION. North Dakota plaintiffs participate in major MDLs including AFFF/PFAS (military installations including Minot Air Force Base and Grand Forks Air Force Base with PFAS contamination concerns), opioids (North Dakota communities affected by opioid crisis with state-level litigation), and Roundup (agricultural state with significant herbicide exposure among farmers and agricultural workers). No state-specific data found on exact plaintiff numbers for Camp Lejeune, talc, hernia mesh, hair relaxer, Ozempic, Depo-Provera, or social media MDLs.
If you live in North Dakota and were affected by any of these products or exposures, you may be eligible to file a claim. North Dakota tort reform deadlines and damage caps still apply to your case, so check our individual MDL pages for specific eligibility criteria.
North Dakota Tort Reform Legislation
1987 tort reform legislation enacted NDCC Chapter 32-03.2, establishing modified comparative fault with 50 percent bar, several-only liability (eliminating joint and several liability), and punitive damages cap. NDCC 32-42-02 established 500000 medical malpractice non-economic damage cap. NDCC 28-01.3-09 enacted product liability statute of repose (later struck down as unconstitutional in 2000). Collateral source rule: defendants may apply to court for reduction of economic damages based on collateral sources of payment. Specific bill numbers for these measures were not confirmed in available sources.
These North Dakota tort reform laws directly affect how mass tort claims are filed, what damages you can recover, and how long you have to act.
Always verify the current status of any law with the North Dakota State Bar Association or a licensed attorney.
Additional North Dakota Tort Rules
1. Collateral source offset: defendants may petition the court to reduce economic damage awards by amounts the plaintiff received from collateral sources (insurance, benefits). 2. Government claims: 180-day notice of claim requirement before suing state or political subdivisions (NDCC 32-12.2). 3. Broad definition of fault: NDCC 32-03.2-02 defines fault to include strict liability, assumption of risk, misuse of product, and failure to avoid injury — all of which are allocated as percentages of fault among parties.
4. No pre-suit notice requirement for private medical malpractice claims. 5. Punitive damages require clear and convincing evidence standard (higher than preponderance). 6. Empty chair defense permitted: fault may be allocated to non-parties.
North Dakota Tort Reform Resources & Contacts
- North Dakota State Bar Association: https://www.sband.org
- North Dakota Attorney General: https://attorneygeneral.nd.gov
- North Dakota Courts: https://www.ndcourts.gov
- JPML (Federal MDL Data): jpml.uscourts.gov
- NCSL Tort Reform Tracker: ncsl.org
- Cornell LII — Tort Law: law.cornell.edu
This North Dakota tort reform guide was last verified against official sources in May 2026. If you notice outdated information, please contact us.
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Attorney Advertising. The information on this page is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by accessing or using this content. Every case is unique, and results depend on the specific facts and circumstances involved. Past settlement amounts and case outcomes do not guarantee similar results in your case. If you believe you have a legal claim, you should consult with a licensed attorney in your jurisdiction who can evaluate your specific situation.