Comparative Negligence in North Dakota
State-specific overview · Tort Law
North Dakota bars recovery if you are 50% or more at fault (modified comparative negligence).
How North Dakota treats Comparative Negligence
North Dakota follows modified comparative negligence under N.D. Cent. Code § 32-03.2-01, using a 50% bar rule. You can recover damages only if your negligence is less than the negligence of the defendant; if you are 50% or more at fault, you cannot recover. Your recoverable damages are reduced by your percentage of comparative negligence, but only when you fall below the 50% threshold.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in North Dakota.