North Dakota’s Comparative Negligence Rule

North Dakota is one of a handful of states that follows the doctrine of comparative negligence. This rule is used in situations where someone has been injured due to the actions of another person and may have been partly at fault for the accident. In these situations, North Dakota courts will assign each party a percentage of fault and adjust the damages based on that allocation. This article will provide an overview of North Dakota’s comparative negligence rule and how it affects negligence claims.

North Dakota’s comparative negligence rule is used in any situation where someone is injured due to the negligence of another person. Examples of negligence in North Dakota include slip and fall accidents, motor vehicle accidents, medical malpractice, and premises liability. Under this rule, the injured person must prove that the other party was more at fault for the accident than the injured party was. This is done by comparing the percentage of fault assigned to each party.

The North Dakota Supreme Court has established a two part test to determine each party’s comparative negligence. First, a party must prove their own negligence. This means that they must show that they were partially at fault for the accident. This is often done by demonstrating that they failed to act with reasonable care. The second part of the test involves proving the other party’s negligence. This can be demonstrated by showing that the other party was careless or reckless in some way and thus primarily responsible for the accident.

If a party is found to be negligent, damages will then be adjusted according to the percentage of fault assigned to each party. If the injured party is found to be 70% at fault, they would only be able to recover 30% of their damages. On the other hand, if the other party is found to be 80% responsible, then the injured party would be able to recover 80% of their damages.

In North Dakota, there are a few exceptions to the comparative negligence rule. For example, if a party is found to be more than 50% at fault for an accident, they will not be able to recover any damages from the other party. This rule is known as the “50% rule,” and it prevents injured parties from collecting damages when they are mostly at fault for an accident.

Additionally, North Dakota courts may grant depending on the circumstances of the case. This could include situations where one party did not act with reasonable care and the other party did, or if the injured party’s negligence is minimal compared to the other party’s negligence.

Overall, the comparative negligence rule serves to help ensure that injured parties are only held responsible for their own actions. In North Dakota, courts will take into account the actions of both parties and assign a percentage of fault based on this evaluation. If a party is found to be more than 50% negligent, they will not be able to collect damages. However, the courts may still grant damages depending on the circumstances of the case. Those seeking to file a negligence claim in the state of North Dakota should familiarize themselves with the state’s legal system and consult with a knowledgeable attorney.