North Dakota · Comparative Negligence

North Dakota Comparative Negligence Rule

North Dakota follows a modified 50% bar rule under N.D. Cent. Code § 32-03.2-02. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: North Dakota

Rule type: Modified 50% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for North Dakota

Modified comparative fault with a 50% bar; the plaintiff is barred when contributory fault is "as great as" the combined fault of all other parties. Recovery requires fault less than 50%.

Related: North Dakota statute of limitations

North Dakota gives you 6 years to file a personal injury lawsuit under N.D. Cent. Code § 28-01-16.

See the full North Dakota statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed North Dakota attorney before relying on it.

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North Dakota Comparative Negligence FAQ

What comparative negligence rule does North Dakota follow?

North Dakota follows a modified 50% bar rule under N.D. Cent. Code § 32-03.2-02. Claimant barred when fault reaches 50% or more. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in North Dakota?

Yes, up to a point. In North Dakota you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in North Dakota?

Insurance adjusters argue percentage of fault to reduce what they pay. Because North Dakota bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in North Dakota?

North Dakota gives you 6 years to file a personal injury lawsuit under N.D. Cent. Code § 28-01-16.

Where can I read the actual rule?

The controlling authority is N.D. Cent. Code § 32-03.2-02. The full text is available at https://ndlegis.gov/cencode/t32c03-2.pdf.

See comparative negligence rules for all 51 covered states