Contributory Negligence in North Dakota
State-specific overview · Tort Law
North Dakota uses modified comparative negligence, barring recovery if you're 50% or more at fault.
How North Dakota treats Contributory Negligence
North Dakota follows the 'not as great' rule under NDCC § 32-03.2-01, which bars recovery if the plaintiff's negligence is greater than or equal to the defendant's negligence. A plaintiff who is 49% at fault can recover 51% of damages, but a plaintiff who is 50% at fault recovers nothing. This modified comparative negligence system is stricter than pure comparative negligence but more lenient than North Carolina's rule.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory 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.