Title 32 — Judicial Remedies

1. Before initiating a health care malpractice action, the attorney representing a claimant shall advise the claimant about all reasonably available alternative dispute resolution options that may be available to the parties to settle the claim. 2. At the earliest opportunity aft…

Repealed by S.L. 2009, ch. 65, § 8.

In this chapter: 1. "Defamatory" means tending to harm reputation. 2. "Economic loss" means special, pecuniary loss caused by a false and defamatory publication. 3. "Person" includes any legal or commercial entity. The term does not include a government or governmental subdivisio…

This chapter applies to any claim for relief, however characterized, for damages arising out of defamation caused by the false content of a publication that is published on or after August 1, 1995. This chapter applies to all publications, including writings, broadcasts, oral com…

1. A person may maintain an action for defamation only if the person has made a timely and adequate request for correction or clarification from the defendant or the defendant has made a correction or clarification. 2. A request for correction or clarification is timely if made w…

A person who has been requested to make a correction or clarification may ask the requester to disclose reasonably available information material to the falsity of the allegedly defamatory statement. If a correction or clarification is not made, a person who unreasonably fails to…

If a timely and sufficient correction or clarification is made, a person may recover only provable economic loss, as mitigated by the correction or clarification.

1. A correction or clarification is timely if it is published before, or within forty-five days after, receipt of a request for correction or clarification, unless the period is extended under section 32-43-04. 2. A correction or clarification is sufficient if it: a. Is published…

1. If a timely correction or clarification is no longer possible, the publisher of an alleged defamatory statement may offer, at any time before trial, to make a correction or clarification. The offer must be made in writing to the person allegedly defamed by the publication and:…

A timely and sufficient correction or clarification made by a person responsible for a publication constitutes a correction or clarification made by all persons responsible for that publication other than a republisher. However, a correction or clarification that is sufficient on…

1. The fact of a request for correction or clarification under this chapter, the contents of the request, and its acceptance or refusal are not admissible in evidence at trial. 2. The fact that a correction or clarification under this chapter was made and the contents of the corr…

As used in this chapter, unless the context otherwise requires: 1. "Agricultural producer" means any person engaged in growing, raising, distributing, or selling an agricultural product, or manufacturing the product for consumer use. 2. "Agricultural product" means any plant or a…

A person who willfully or purposefully disseminates a false and defamatory statement, knowing the statement to be false, regarding an agricultural producer or an agricultural product under circumstances in which the statement may be reasonably expected to be believed and the agri…

In addition to the provisions of section 32-44-02, if a false and defamatory statement is disseminated referring to an entire group or class of agricultural producers or products, a cause of action arises in favor of each producer of the group or class and any association represe…

Any civil action for damages under this chapter must be commenced within two years from the date of the false and defamatory statement.

As used in this chapter: 1. "Asbestos claim" means a claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including: a. The health effects of exposure to asbestos, includ…

1. The limitations in section 32-46-03 apply to an innocent successor corporation. 2. The limitations of section 32-46-03 do not apply to: a. Workers' compensation benefits paid by or on behalf of an employer to an employee under the provisions of title 65, or a comparable worker…

1. Except as further limited in subsection 2, the cumulative successor asbestos-related liabilities of an innocent successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The …

1. An innocent successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under section 32-46-03 through any method reasonable under the circumstances, including: a. By reference to the going concern value of the assets or t…

1. Except as provided in subsections 2 through 4, the fair market value of total gross assets at the time of the merger or consolidation increases annually at a rate equal to the sum of: a. The prime rate as listed in the first edition of the Wall Street Journal published for eac…

This chapter applies to all asbestos claims filed against an innocent successor on or after August 1, 2009. This chapter also applies to any pending asbestos claims against an innocent successor in which trial has not commenced as of the effective date, except that any provisions…

A possessor of land, including an owner, lessee, or other occupant, does not owe a duty of care to a trespasser and is not subject to liability for any injury to a trespasser.

1. a. Notwithstanding section 32-47-01, a possessor of land may be subject to liability for physical injury or death to a trespasser in the following situations: (1) A land possessor has a duty not to harm the trespasser in a willful and wanton manner, except as permitted under s…

As used in this chapter: 1. "COVID-19" means: a. Severe acute respiratory syndrome coronavirus 2 identified as SARS-CoV-2 and any mutation or viral fragments of SARS-CoV-2; and b. Any disease or condition caused by severe acute respiratory syndrome coronavirus 2 identified as SAR…

A person may not bring or maintain a civil action alleging exposure or potential exposure to COVID-19 unless the civil action involves an act intended to cause harm or an act that constitutes actual malice.

A person that possesses, owns, or is in control of premises, including a tenant, lessee, or occupant of a premises, which directly or indirectly invites or permits an individual onto the premises is immune from civil liability for any act or omission resulting in damage or injury…

A person is immune from civil liability for an act or omission resulting in damage or injury sustained from exposure or potential exposure to COVID-19 if the act or omission was in substantial compliance or was consistent with a federal or state statute, regulation, or order rela…

1. A health care provider or health care facility is immune from civil liability for any act or omission in response to COVID-19 that causes or contributes, directly or indirectly, to the death or injury of an individual. The immunity provided under this subsection includes: a. I…

This chapter may not be construed to: 1. Create, recognize, or ratify a liability claim or cause of action. 2. Eliminate or satisfy a required element of a liability claim or cause of action. 3. Amend, repeal, affect, or supersede any other immunity protection that may apply unde…

This chapter does not apply to enforcement actions under chapters 50-24.8, 51-08.1, and 51-15.

As used in this chapter: 1. "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization. 2. "Depicted individual" means an individual whose body is shown in whole or in part in an intimate image. 3. "Disclosure" o…

1. As used in this section: a. "Harm" includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm. b. "Private" means: (1) Created or obtained under circumstances in which a depicted individual had a reasonable expectation…

1. As used in this section: a. "Child" means an unemancipated individual who is less than eighteen years of age. b. "Parent" means an individual recognized as a parent under a law of this state other than this chapter. 2. A person is not liable under this chapter if the person pr…

In an action under this chapter: 1. The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff under rule 3.4 of the North Dakota Rules of Court; 2. A plaintiff to whom subsection 1 applies shall file wi…

1. In an action under this chapter, a prevailing plaintiff may recover: a. The greater of: (1) Economic and noneconomic damages proximately caused by the defendant's disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other …

1. An action under subsection 2 of section 32-49-02 for: a. An unauthorized disclosure may not be brought later than six years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and b. A threat to disclose may not…

This chapter must be construed to be consistent with the Communications Decency Act of 1996 [47 U.S.C. Section 230].

For the purposes of this chapter, the following terms shall have the designated meanings: 1. "Aid or assistance necessary or helpful in the circumstances" means any actions which the aider reasonably believed were required to prevent death or serious permanent injury, disability …

An individual, or the individual's employer, subject to the exceptions in sections 32-03.1-03, 32-03.1-04, and 32-03.1-08, who renders aid or assistance necessary or helpful in the circumstances to another individual who has been injured or is ill as the result of an accident or …

A physician licensed under chapter 43-17 who renders emergency obstetrical care or assistance to a pregnant female in active labor who has not previously been cared for in connection with the pregnancy by the physician or by another person professionally associated with the physi…

An individual who in good faith and without compensation provides training to use an automated external defibrillator, emergency care by using an automated external defibrillator, or emergency treatment by using an automated external defibrillator is immune from civil liability f…

No person who renders aid or assistance necessary or helpful in the circumstances to other persons who have been injured or are ill as the result of an accident or sudden illness or any mechanical, external, or organic trauma may be criminally charged in this state for having pra…

Nothing in this chapter may be construed to deprive any physician or surgeon licensed in this state of the right to collect reasonable fees for any acts of aid, assistance, or treatment or any other person rendering aid or assistance under this chapter, or those whose property is…

This chapter does not encompass a person who, at the time of the emergency, was employed expressly or actually for the purpose of providing emergency medical aid to humans, either within or outside of a hospital or other place or vehicle with medical equipment, for emergency medi…

This chapter supersedes any conflicting provision of law which is inconsistent with this chapter except sections 23-27-04.1, 32-03-40, 32-03-42, 39-08-04.1, 43-12.1-12, 43-17-37, and 43-17-38.

Notwithstanding any other provision in the laws of this state, or any court rules, if a party names a defendant in a suit alleging intentional misconduct or gross negligence, as described in section 32-03.1-01, and the trial judge dismisses the complaint or grants a defendant's m…

Nothing in this chapter may be construed to bar a civil action by any injured or ill person or injured or ill person's survivors against any person for having tortiously caused an injury or emergency situation. Nothing in this chapter may be construed to relieve any person, torti…

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…

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…

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…