North Dakota Dog Bite Lawyer
North Dakota does not have a dog bite statute; rather, rulings issued by the state’s courts have articulated rules to determine liability in such cases. In Sendelbach v. Grad, the North Dakota Supreme Court ruled that a negligence standard applies to determine liability for injuries caused by a dog. To prove a standard negligence claim, the victim must show that (1) the owner owed them a duty to prevent the dog from causing injuries; (2) the owner breached this duty; and (3) the owner’s breach was the proximate cause of the victim’s injuries and damages.
Comparative negligence principles apply to dog bite cases in North Dakota. This means that a victim’s recovery can be reduced based upon the degree to which their own negligence contributed to their injuries. For example, if a victim suffered damages totaling to $10,000, and the jury determines that they were 20% at fault, then the victim will only be able to recover the reduced amount of $8,000.
