What is North Dakota's law on design defect test?

North Dakota applies risk-utility analysis for design-defect claims. (North Dakota common law)

North Dakota law

Product Liability Laws in North Dakota.

North Dakota applies strict product liability for design, manufacturing, and warning defects under N.D. Cent. Code Chapter 28-01.3 (Products Liability Actions). Plaintiffs may recover under strict liability, negligence, or breach of warranty. North Dakota has a 10-year statute of repose from first sale (N.D. Cent. Code § 28-01.3-08). Compensatory damages are not capped. Punitive damages under N.D. Cent. Code § 32-03.2-11 are capped at the greater of $250,000 or 2x compensatory damages.

Last verified: 2026-04-17

State law

Statute of Limitations

6 years; 10-year statute of reposeN.D. Cent. Code §§ 28-01-16, 28-01.3-08

6-year general statute applies. 10-year statute of repose from first sale or lease bars products claims.

State law

Damage Caps

Compensatory Damages: No cap

North Dakota does not cap compensatory damages in product-liability cases.

Punitive (Exemplary) Damages: Greater of $250,000 or 2x compensatoryN.D. Cent. Code § 32-03.2-11

Punitive damages capped at the greater of $250,000 or 2 times compensatory damages. Requires clear and convincing evidence of oppression, fraud, or actual malice.

State law

Key North Dakota Statutes

Products Liability ActN.D. Cent. Code Chapter 28-01.3

Comprehensive framework for product-liability claims. Recognizes strict liability (§ 402A), negligence, and warranty theories.

Seller's Immunity (Rebuttable Presumption)N.D. Cent. Code § 28-01.3-04

Non-manufacturing sellers are presumed not liable unless specified conditions apply (e.g., manufacturer insolvent, seller exercised control over design).

Design Defect TestNorth Dakota common law

North Dakota applies risk-utility analysis for design-defect claims.

State law

Official Sources

North Dakota Legislative Assembly

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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Product Liability Laws in North Dakota.

Statute of Limitations

Damage Caps

Key North Dakota Statutes

Official Sources

Not Legal Advice

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