How Damages Allocation rules vary in North Dakota

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.

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Sources

• 32-03.2-02 — N.D. Cent. Code § 32-03.2-02

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

Corroboration method: government_primary_source_direct_fetch.