According to the legal theory of negligence, an individual is held liable (or financially responsible) for any injuries caused by either doing something or failing to do something in a reasonable manner. An "injury," by the way, can include financial loss, emotional distress, and other wrongs caused by the negligent individual's act (or lack of action). For example, a motorist who slams into another driver while sending a text message on her phone -- causing injuries -- has not acted like a reasonable person and would be held liable for these injuries.
Negligence Law in North Dakota at a Glance
General information on how North Dakota handles negligence claims is listed in the following chart. See FindLaw's Negligence section for more articles.
Elements of a Negligence Case
A plaintiff must be able to prove the following five elements in order to collect damages for injuries resulting from the defendant's negligence:
|Contributory Negligence-Limit to Plaintiff's Recovery||
Contributory fault does not bar recovery in an action by any person to recover damages for death or injury to person or property unless the fault was as great as the combined fault of all other persons who contribute to the injury, but any damages allowed must be diminished in proportion to the amount of contributing fault attributable to the person recovering.
(If plaintiff's negligence is greater then 50%, recovery is completely barred).
|Contribution Among Tortfeasors||Yes; §§32-38-01 to 04|
|Uniform Act||32-38-01 to 04|
Note: State laws are always subject to change through the enactment of newly signed legislation, higher court decisions, and other means. While we strive to ensure the accuracy of these pages, you also may want to contact a North Dakota personal injury law attorney or conduct your own legal research to verify the state law(s) you are researching.
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North Dakota Negligence Law: Related Resources
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Negligence laws cover both personal injuries as well as damage to property. If you've suffered either and believe that someone else was at fault or are not clear whether anyone was at fault, you may be able to recover money for your losses. However, these types of cases can often turn on the smallest of details. That's why it's critical to speak with a personal injury attorney as soon as possible to review your case and protect your rights. Speak with a North Dakota personal injury attorney today for a free case review and to understand your options going forward.
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