Title 28 — Judicial Procedure, Civil
46 chapters · 434 sections in this title.
N.D.C.C. § 28-01.3-01 Definitions
1.6K chars
As used in this chapter: 1. "Manufacturer" means a person or entity who designs, assembles, fabricates, produces, constructs, or otherwise prepares a product or a component part of a product prior to the sale of the product to a user or consumer. The term includes any seller of a…
N.D.C.C. § 28-01.3-02 Limitation on ad damnum clause
0.5K chars
If a complaint filed in a products liability action prays for a recovery of money in an amount equal to or less than fifty thousand dollars, the amount must be stated. If a recovery of money in an amount greater than fifty thousand dollars is demanded, the pleading must state mer…
N.D.C.C. § 28-01.3-03 Alteration or modification of product is defense to action
0.5K chars
No manufacturer or seller of a product may be held liable in any products liability action in which a substantial contributing cause of the injury, death, or damage to property was an alteration or modification of the product, which occurred subsequent to the sale by the manufact…
N.D.C.C. § 28-01.3-04 Liability of nonmanufacturing sellers
1.5K chars
1. In any products liability action maintained against a seller of a product who did not manufacture the product, the seller shall upon answering or otherwise pleading file an affidavit certifying the correct identity of the manufacturer of the product allegedly causing the perso…
N.D.C.C. § 28-01.3-05 Indemnity of seller
0.8K chars
If a product liability action is commenced against a seller, and it is alleged that a product was defectively designed, contained defectively manufactured parts, had insufficient safety guards, or had inaccurate or insufficient warning; that such condition existed when the produc…
N.D.C.C. § 28-01.3-06 Determination of defective product
0.3K chars
No product may be considered to have a defect or to be in a defective condition, unless at the time the product was sold by the manufacturer or other initial seller, there was a defect or defective condition in the product which made the product unreasonably dangerous to the user…
N.D.C.C. § 28-01.3-07 Declaration of legislative findings and intent
1.4K chars
1. The legislative assembly finds that products liability reforms enacted in 1979, 1987, and 1993 have provided a needed degree of certainty in the laws governing civil actions against product manufacturers and sellers. 2. In recent years it has become increasingly evident that t…
N.D.C.C. § 28-01.3-08 Statute of limitation and repose
2.1K chars
1. Except as provided in subsections 4 and 5, there may be no recovery of damages in a products liability action unless the injury, death, or property damage occurs within ten years of the date of initial purchase for use or consumption, or within eleven years of the date of manu…
N.D.C.C. § 28-01.3-09 Rebuttable presumption against defects
0.9K chars
There is a rebuttable presumption that a product is free from any defect or defective condition if the plans, designs, warnings, or instructions for the product or the methods and techniques of manufacturing, inspecting, and testing the product were in conformity with government …
N.D.C.C. § 28-01.3-11 Pesticide labeling - Duty to warn - Defenses
1.1K chars
Notwithstanding any other provision in this title, any pesticide registered with the agriculture commissioner under chapter 4.1-33 or the United States environmental protection agency under the Federal Insecticide, Fungicide, and Rodenticide Act [61 Stat. 163; 7 U.S.C. 136 et seq…