Negligence in North Dakota
State-specific overview · Tort Law
North Dakota follows comparative negligence, barring recovery only if the plaintiff's negligence is greater than or equal to the defendant's.
How North Dakota treats Negligence
North Dakota applies modified comparative negligence under which a plaintiff recovers damages only if their negligence is less than the defendant's negligence. If both parties are equally at fault (50-50), the plaintiff cannot recover. Damages are reduced by the percentage of the plaintiff's fault. The state recognizes that multiple defendants may share liability, and the jury determines the relative fault of all parties involved.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.