Title 32 — Judicial Remedies
69 chapters · 746 sections in this title.
N.D.C.C. § 32-03.2-01 Definition
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As used in this chapter: 1. "Fault" includes acts or omissions that are in any measure negligent or reckless toward the person or property of the actor or others, or that subject a person to tort liability or dram shop liability. The term also includes strict liability for produc…
N.D.C.C. § 32-03.2-02 Modified comparative fault
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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 pr…
N.D.C.C. § 32-03.2-02.1 Automobile accident damage liability
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Notwithstanding section 32-03.2-02, in an action by any person to recover direct and indirect damages for injury to property, the damages may not be diminished in proportion to the amount of contributing fault attributable to the person recovering, or otherwise, if: 1. The person…
N.D.C.C. § 32-03.2-03 Pure comparative fault - Product liability actions
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Repealed by S.L. 1993, ch. 324, § 5. 32-03.2-04. Economic and noneconomic damages for wrongful death or injury to person. In any civil action for damages for wrongful death or injury to a person and whether arising out of breach of contract or tort, damages may be awarded by the …
N.D.C.C. § 32-03.2-05 Separate finding on damages
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In awarding compensation for damages to any party, the trier of fact shall make separate findings which must specify: 1. The amount of compensation for past economic damages. 2. The amount of compensation for future economic damages. 3. The amount of compensation for noneconomic …
N.D.C.C. § 32-03.2-06 Reduction for collateral source payments
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After an award of economic damages, the party responsible for the payment thereof is entitled to and may apply to the court for a reduction of the economic damages to the extent that the economic losses presented to the trier of fact are covered by payment from a collateral sourc…
N.D.C.C. § 32-03.2-07 Pleading of damages
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Any pleading for damages for death or injury to a person may pray for economic and noneconomic damages separately. Any prayer for noneconomic damages of less than fifty thousand dollars or for economic damages may be for a specific dollar amount. Any prayer for noneconomic damage…
N.D.C.C. § 32-03.2-08 Review of reasonableness of economic damages
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In addition to any other remedy provided by law and after a jury award of economic damages, any party responsible for the payment of any part thereof may request a review of the reasonableness of the award by the court as follows: 1. Awards in excess of two hundred fifty thousand…
N.D.C.C. § 32-03.2-09 Periodic payments for continuing custodial care
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If an injured party claims future economic damages for continuing institutional or custodial care that will be required for a period of more than two years, at the discretion of the court any party may request the trier of fact to make a special finding of the total amount awarde…
N.D.C.C. § 32-03.2-10 Nondisclosure of reduction for collateral source payments
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The jury may not be informed of the potential for the reduction of economic damages because of payments from collateral sources.
N.D.C.C. § 32-03.2-11 When court or jury may give exemplary damages
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1. In any action for the breach of an obligation not arising from contract, when the defendant has been guilty by clear and convincing evidence of oppression, fraud, or malice, the court or jury, in addition to the actual damages, may give damages for the sake of example and by w…
N.D.C.C. § 32-03.2-12 Post-trial review
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Motions for periodic payments, reductions of awards for contributory fault and collateral source payments, for review of the reasonableness of an award, and for setting the amount of exemplary damages, must be made to the judge who presided over the trial of the action, unless th…