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North Dakota law

Premises Liability Laws in North Dakota.

North Dakota premises liability follows a unified reasonable-care standard — the state abolished the traditional invitee/licensee/trespasser distinctions in O'Leary v. Coenen, 251 N.W.2d 746 (N.D. 1977). Trespassers are still owed a more limited duty (to avoid willful or wanton conduct), but lawful entrants receive uniform reasonable-care protection. North Dakota's modified comparative fault (50% "not greater than" bar) applies. Recreational Use immunity available for open-access property.

Last verified: 2026-04-17

State law

Statute of Limitations

6 yearsN.D. Cent. Code § 28-01-16

6-year general personal injury statute applies — one of the longest in the U.S.

State law

Fault & Liability Rules

Modified Comparative Fault ("Not Greater Than" Bar)N.D. Cent. Code § 32-03.2-02

Plaintiff's fault reduces recovery proportionally. If plaintiff's fault is greater than defendant's (or combined defendants'), plaintiff recovers nothing.

State law

Key North Dakota Statutes

Unified Duty of Reasonable Care (O'Leary v. Coenen)O'Leary v. Coenen, 251 N.W.2d 746 (N.D. 1977)

North Dakota Supreme Court abolished the traditional licensee/invitee distinction. Landowners owe lawful entrants a duty of reasonable care under the circumstances.

Duty to TrespassersNorth Dakota common law

Trespassers are owed only a duty to avoid willful or wanton injury. Attractive-nuisance doctrine applies to trespassing children.

Recreational Use ImmunityN.D. Cent. Code Chapter 53-08

Landowners who permit free recreational use of their land owe no duty to keep the premises safe and are not liable absent willful or malicious failure to warn.

Dog BiteNorth Dakota common law

North Dakota follows the common-law one-bite rule. Plaintiffs must prove owner's actual or constructive knowledge of the dog's dangerous propensities, or prove negligence.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in North Dakota.

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