## US-ND comparative fault rule

The controlling primary authority for US-ND damages allocation authority (N.D. Cent. Code § 32-03.2-02) is **32-03.2-02**.

> **32-03.2-02.** 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. The court may, and when requested by any party, shall direct the jury to find separate special verdicts determining the amount of damages and the percentage of fault attributable to each person, whether or not a party, who contributed to the injury. The court shall then reduce the amount of such damages in proportion to the amount of fault attributable to the person recovering.

## Source-backed allocation summary

US-ND damages allocation controlling authority under N.D. Cent. Code § 32-03.2-02.

This source-backed page does not certify limitation periods, damages caps, case-law exceptions, or calculator formula assumptions beyond the quoted statutory allocation rule.

## Use the calculator

DocketMath's damages-allocation tool can model allocation scenarios once you identify the controlling jurisdiction, claim posture, and negligence shares. Use the source panel for the verified primary-source rule.

[Open the Damages Allocation calculator](/tools/damages-allocation)

## Sources

- [32-03.2-02 — N.D. Cent. Code § 32-03.2-02](https://ndlegis.gov/cencode/t32c03-2.pdf)

All sources are official primary law published by `ndlegis.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Whiplash settlement value guide for North Dakota using DocketMath and jurisdiction-aware rules.

Whiplash settlement value guide for North Dakota

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. The court may, and when requested by any party, shall direct the jury to find separate special verdicts determining the amount of damages and the percentage of fault attributable to each person, whether or not a party, who contributed to the injury. The court shall then reduce the amount of such damages in proportion to the amount of fault attributable to the person recovering.

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.

When two or more parties are found to have contributed to the injury, the liability of each party is several only, and is not joint, and each party is liable only for the amount of damages attributable to the percentage of fault of that party, except that any persons who act in concert in committing a tortious act or aid or encourage the act, or ratifies or adopts the act for their benefit, are jointly liable for all damages attributable to their combined percentage of fault.

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. The court may, and when requested by any party, shall direct the jury to find separate special verdicts determining the amount of damages and the percentage of fault attributable to each person, whether or not a party, who contributed to the injury.

damages allocation in US-ND is governed by N.D. Cent. Code § 32-03.2-02.