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North Dakota has no statute written for dog bites, so a person bitten here usually has to prove the owner knew, or reasonably should have known, that the dog was dangerous and then failed to use reasonable care to prevent the injury. That is the jury instruction the North Dakota Supreme Court upheld in 1976 in Sendelbach v. Grad, a case about a farm dog that bit a neighbor buying eggs. A year later, in another farm dog bite case, O’Leary v. Coenen, the same court held that a property occupier owes every lawful visitor reasonable care under all the circumstances.
This page covers what you must prove, leash rules, who can be held responsible, defenses, the 50 percent fault bar, a child’s case, landlords, deadlines, damages, dangerous dogs, rabies observation, insurance, and what to do this week. One recent change: on July 1, 2026, the most a North Dakota city, county, school district, or state agency can be made to pay rose to $500,000 per person.
Dog Bite Laws handles dog attack cases. Talk to us for free, and pay no fee unless we recover money for you.
North Dakota has no statute written for dog bites. The Century Code covers dogs that habitually molest people on public roads, dogs that kill livestock, and rabies. The closest civil rule is section 36-11-06, in the livestock chapter: the owner or person in charge of “any animal known to be vicious” who negligently lets it run at large is liable to anyone damaged for all resulting damages. Otherwise the rule comes from the courts.
The first North Dakota Supreme Court decision on a dog bite is Sendelbach v. Grad, 246 N.W.2d 496, decided October 15, 1976. Mary Ann Sendelbach was bitten on the leg by a farm dog while walking to the chicken coop for eggs. She asked the court to make the owners strictly liable. The court called the question one of first impression in North Dakota and declined. It held that the standard of liability for injuries an animal causes to a person on the possessor’s premises “is no different than the standard regarding injuries to a visitor caused by other means.”
The court upheld the trial judge’s jury instruction, calling its language “not inappropriate” in that case, and this page works from it. An owner is not liable for a bite unless the owner knew or reasonably should have known the dog was dangerous or vicious. If the owner did know, the owner must use reasonable care to guard against the injuries reasonably to be anticipated from that trait. That is a cousin of the one bite rule with a carelessness step added on top.
Two limits on that case deserve honesty. Sendelbach expressly confined itself to dogs on their owners’ property, and it said its instruction was not necessarily right in all situations. The cases on this page do not decide a bite on a sidewalk or in a park, so ask a lawyer how that claim would be framed. If the dog was known to be vicious and was negligently allowed to run loose, section 36-11-06 may also apply.
The instruction approved in Sendelbach put the burden on the injured person, and it breaks into four parts:
The instruction did not require an earlier bite. It said an owner is bound to take notice of any dangerous trait of the dog itself, and asked whether the dog’s traits were of a nature likely to cause injury. The court treated that wording as essentially the same as a broader definition: a tendency to do something that might endanger people, whether in play or in anger. In Sendelbach itself the owner testified the dog had just had puppies and was upset that day. A year later, in O’Leary, the court sent a dog bite case back for the fact finder to decide “the extent of Mr. Coenen’s knowledge of Rover’s behavior patterns and the reasonableness of Mr. Coenen’s response to such knowledge.”
Hart v. Kern, 268 N.W.2d 136, decided July 17, 1978, shows the kind of evidence that got a case to trial, although it was decided under the older guest rules that O’Leary replaced. A dinner guest was knocked down and bitten on the hand when the host’s dog pushed up a garage door that had not latched. The host admitted he knew the dog could push that door open and knew it fought with the guest’s dog. The Supreme Court reversed a summary judgment for the host and sent the case to trial, saying negligence issues are ordinarily tried rather than decided on summary judgment.
So a North Dakota case is built on the dog’s history: earlier complaints to animal control, a neighbor who was chased last summer, a warning sign on the gate, and what the owner said at the scene.
North Dakota leaves most dog control to cities and counties. Section 40-05-02 lets a city license dogs and regulate the keeping of dogs, including authorizing their disposition or destruction to protect the public, and section 11-11-14 lets a county regulate the confinement and control of dogs, cats, and other household pets. So the leash, running at large, and fencing rules that apply to you are in your city or county ordinance, and they differ from Fargo to Williston.
Two statewide rules come closest to a leash law. Under section 36-11-06, the owner or person in charge of any animal known to be vicious who negligently lets it run at large is liable for the resulting damages and commits an infraction. And under section 42-03-01, any dog that habitually molests a person traveling peaceably on a public road or street is a public nuisance, and a judge can act on a written complaint. That chapter is about repeat behavior, not compensation.
Why a violation still matters: a North Dakota victim has to prove the owner was careless, and a citation in the police or animal control file is a dated public record of how the dog reached you. Whether a court treats a local ordinance violation as negligence in itself or only as evidence of it is a question for your lawyer. Either way, ask for the citation and the call log early.
Earlier warnings matter too. If the owner had been warned about the dog before, that warning goes to what the owner knew, the central question under Sendelbach.
Sendelbach’s instruction speaks of the dog’s owner, and O’Leary speaks of the person who occupies the land. Section 36-11-06 reaches further for an animal known to be vicious that is negligently allowed to run at large: it covers the “owner or person in charge” of the animal. So more than one person can be involved:
Finding every one of them matters more in North Dakota than in many states. Under section 32-03.2-02, when two or more parties contributed to an injury, each is liable only for its own percentage of fault, not for the whole award, unless they acted in concert. If ownership is murky, read what determines ownership of a dog.
One more point. If you were caring for the dog yourself, as a pet sitter, walker, groomer, or housemate, expect the owner’s insurer to argue you knew the dog as well as anyone and accepted the risk. Raise it on the first call with a lawyer rather than letting an adjuster frame it.
With no statute, North Dakota has no written list of defenses. The owner’s side argues instead that the owner was not careless, that the bite was not foreseeable, or that you were partly at fault.
None of these arguments is automatic. In Hart v. Kern, whether the bitten guest knew the dog could escape was held to be a question of fact for trial, not a reason to dismiss.
A practical warning: whatever you tell an adjuster about how the bite happened becomes the raw material for a fault percentage. Describe it to your lawyer first.
North Dakota uses modified comparative fault. Section 32-03.2-02 says contributory fault does not bar recovery unless it “was as great as the combined fault of all other persons who contribute to the injury,” and that any award is reduced in proportion to your own share.
The words “as great as” set the line at half, not above it. Plainly:
Your share is compared with everyone else’s fault added together, and the jury assigns percentages to each person who contributed, whether or not that person is a party to the lawsuit. A careless owner, a dog sitter who left the gate open, and a property manager who ignored complaints can together carry most of the fault.
Then comes the part that surprises people. North Dakota abolished joint liability in this same section, so each defendant pays only its own percentage. If a jury finds you 10 percent at fault, the owner 60 percent, and an uninsured roommate 30 percent, the owner’s insurer pays 60 percent of the damages and the roommate’s 30 percent depends on whether the roommate can pay. Picking defendants and proving each one’s share is a real part of the job here.
A child bitten in North Dakota gets more time, but less than many parents assume. Section 28-01-25 says the time a person is under 18 is not counted toward the deadline, but it also says the period cannot be extended “longer than one year after the disability ceases.” Read together with the six year limit, that gives a child the later of two dates: six years from the bite, or the nineteenth birthday.
Do not treat a parent’s own claim, for medical bills the parent paid, as riding along on the child’s longer clock. Have a lawyer look at both claims early. For the general picture, see the dog bite statute of limitations.
Bites to a child’s head and face need fast attention. North Dakota’s health department rabies exposure algorithm, revised May 2025, tells providers to consider starting rabies post-exposure treatment immediately when a bite is in the head or neck region. Do not settle a child’s case before a doctor can say how the injury will heal.
Expect the owner’s side to point at your child’s behavior. If an adjuster is already using the word provoke, read whether a child can provoke a dog.
North Dakota is unusual here: its main premises liability case was a dog bite case. In O’Leary v. Coenen, 251 N.W.2d 746, decided March 10, 1977, Helen O’Leary, an insurance agent who arrived unannounced, had been bitten by a farm dog while on the farm. The trial court ruled she was only a “bare licensee,” owed no duty beyond avoiding willful or wanton harm, and dismissed her case. The Supreme Court used her appeal to abandon the old categories of licensee and invitee. It held that an occupier of premises must act as a reasonable person in keeping the property reasonably safe in view of all the circumstances, including the likelihood of injury, its seriousness, and the burden of avoiding the risk.
That standard governs whoever occupies the place where a dog bit you, such as a host, a farm owner, or a business, toward visitors who are lawfully there. The court also said the fact finder must weigh what the occupier knew about the dog’s behavior and how reasonably he responded.
For a landlord who rents to a tenant with a dog, none of the three Supreme Court cases on this page decides when the landlord is responsible, and O’Leary states its duty for the occupier of the premises. Whether a landlord who does not occupy the place where the bite happened shares responsibility is a question for your lawyer. If a landlord is a defendant, an insured landlord can matter a great deal when the dog’s owner has no insurance. Collect the lease, any complaints to management, and the names of other tenants who saw the dog loose.
North Dakota’s general deadline is long. Section 28-01-16 gives six years for an action for an injury to the person not arising on a contract, and a dog bite negligence claim falls there. The government deadlines are much shorter.
The 180 day notice rule in section 32-12.2-04 is written for claims against the state. Ask a lawyer whether a city charter or local ordinance adds a step for a claim against a city. A government defendant is unusual in a dog case anyway: section 32-12.1-03 bars claims against a city or county for injuries caused by someone it does not employ, and for failing to enforce a law, subject to a narrow special relationship exception for that second kind of claim, and section 32-12.2-02 sets the same limits for the state.
Treat all of these as outer limits. The deadlines that decide cases are measured in days: the 10 day observation period and how quickly a wound heals before anyone photographs it.
North Dakota’s rabies chapter defines a bite as any penetration of the skin by an animal’s teeth, so a bite that barely broke the skin still counts and is still worth a doctor’s visit.
A serious bite on a farm or ranch can mean a long drive. State law requires every hospital that offers emergency services to the public to meet trauma center designation standards and take part in the state trauma system, as the Department of Health and Human Services trauma page explains, so go to the nearest emergency department first and let it decide whether to transfer you.
North Dakota sorts damages in a personal injury case into two groups in section 32-03.2-04. Economic damages include medical care, rehabilitation, lost earnings and earning capacity, and other money losses. Noneconomic damages include pain, suffering, physical impairment, disfigurement, mental anguish, emotional distress, and fear of injury. A jury makes separate findings for past economic, future economic, and noneconomic loss.
Chapter 32-03.2, the damages chapter for injury claims, sets no dollar cap on noneconomic damages. The noneconomic cap in section 32-42-02 is written for health care malpractice claims. A few rules do shape the final number:
Punitive damages, which North Dakota calls exemplary damages, are possible but hard. Under section 32-03.2-11 the complaint may not ask for them at the start. Your lawyer must later ask the court for permission with affidavits or deposition testimony. At trial you must prove oppression, fraud, or malice by clear and convincing evidence, and malice includes a reckless disregard of the rights of others. The award cannot exceed the greater of twice the compensatory damages or $250,000.
Against a city, county, school district, or the state, there are no punitive damages and a cap of $500,000 per person and $2 million per occurrence, in place since July 1, 2026. More detail is in our guide to dog bite compensation.
The North Dakota Century Code has no section setting up a dangerous dog or vicious dog designation process. What it has is narrower.
A nuisance finding under chapter 42-03 does not itself create a right to money. What the process does is put the owner on notice: after the first complaint, the judge must tell the owner that the dog has been molesting people. In O’Leary the Supreme Court listed the dog’s previous behavior among the factors the fact finder weighs. If a dog has been deemed dangerous after a bite, you may also want to read how many times a dog can bite before being put down.
North Dakota’s list of reportable conditions in administrative rule 33-06-01-01 includes rabies in an animal or a person; dog bites are not on that list. The health department’s 2024 guidance for law enforcement still says bites should be reported to its Division of Disease Control. Report it. The Department of Health and Human Services rabies FAQ tells a bitten person to contact a physician, notify the local public health unit or the state health department, and contact local law enforcement if necessary. A report starts the quarantine and creates a dated record. Here is what happens after a dog bite is reported.
The quarantine itself comes from state guidance and the rabies chapter:
What the 10 days mean: the department explains that dogs shed the virus in saliva only for a short time before symptoms appear, so a dog still healthy on day 10 could not have been infectious when it bit. If the dog cannot be found, talk to your doctor promptly about treatment. If the dog’s vaccinations were not current, read about being bitten by an unvaccinated dog. Section 23-36-09 makes the owner pay quarantine, veterinary, and post-exposure treatment costs if the dog was not licensed, confined, or vaccinated as a state or local law required, so ask what your city or county requires.
We will not make up a North Dakota average settlement figure. The public number we rely on is national, and the institute’s 2025 report gives no North Dakota figure. For 2025, the Insurance Information Institute and State Farm reported that the average dog-related injury claim across the country cost $65,450. That is an insurance industry average over every claim, from a single stitch to a disfiguring attack. It is not a settlement value and it predicts nothing about one case.
What actually moves the number in a North Dakota case:
For a rough sense of ranges, try the dog bite settlement calculator, and see how injury severity shapes value in our overview of dog bite settlement amounts. Neither replaces a lawyer reading your medical records.
Look first at the dog owner’s homeowners or renters insurance. The Insurance Information Institute says these policies typically cover dog bite liability up to the policy’s liability limits, usually $100,000 to $300,000, with the owner responsible for anything above the limit. If the bite happened on a farm or ranch, as in Sendelbach and O’Leary, ask what liability coverage the farm itself carries.
Some North Dakota specifics to keep in mind:
Do not take an owner’s word that there is no insurance. An owner may not know what the policy covers, and the carrier, not the owner, will make any offer.
For the whole sequence from start to finish, read our guide on how to file a dog bite claim.
Dog Bite Laws handles dog attack cases, and North Dakota is a state where the hard work happens before anyone talks about money. Without a dog bite statute, the claim usually turns on proof that the owner knew or should have known the dog was dangerous. That means tracking down earlier complaints, nuisance filings, neighbors who were chased, and what the owner said at the scene. It also means naming every party who shares the blame, because North Dakota makes each defendant pay only its own share.
We deal with the insurer so you do not have to, and we keep a friendly phone call from turning into a fault percentage assigned to you. We work on a contingency fee, so there is nothing to pay to start and no fee unless we recover money for you. Founding attorney Michael Agruss built the firm around injured people who need someone else to carry the paperwork.
We take dog bite cases across North Dakota, including Fargo, Bismarck, Grand Forks, Minot, West Fargo, Williston, Dickinson, and Mandan, and in the farm and ranch country between them. If you or your child was bitten, contact us for a free consultation. We will tell you honestly whether there is a claim worth bringing.
Not a statute written for dog bites, so most injured people sue under the common law. In Sendelbach v. Grad in 1976, the state Supreme Court upheld a jury instruction requiring proof that the owner knew or reasonably should have known the dog was dangerous and then failed to take reasonable care. Separately, section 36-11-06 makes the owner or person in charge of an animal known to be vicious liable if they negligently let it run at large. Cities and counties add their own leash and confinement rules.
Possibly. The instruction upheld in Sendelbach v. Grad asks whether the owner knew or reasonably should have known of a dangerous trait of the dog, and it does not require an earlier bite. In Hart v. Kern, the host's knowledge that his dog fought with the guest's dog and could push open an unlatched garage door was enough to send the case to trial. The owner then had to use reasonable care.
Generally six years from the bite for an adult, under section 28-01-16. A child has until the later of six years from the bite or the nineteenth birthday. Claims against a city, county, or school district must be filed within three years, and claims against a state agency need written notice to the state within 180 days, or one year for a serious injury. Evidence fades long before any of those dates.
Yes, as long as your share is less than half. North Dakota reduces your award by your percentage of fault and bars recovery only when your fault is as great as the combined fault of everyone else involved. A person found 25 percent at fault recovers 75 percent of the damages. At 50 percent, the claim fails. Each defendant then pays only its own share of the award.
It depends on the facts. None of the North Dakota Supreme Court dog bite cases on this page decides when a landlord is responsible for a tenant's dog. O'Leary v. Coenen puts a duty of reasonable care on whoever occupies the property where a lawful visitor is hurt, so who controlled the place where your child was bitten matters. Keep any complaints made to the property manager and have a lawyer review the lease.
Under state health guidance, it is confined and watched for 10 days, counting the day of the bite as day zero, either at the owner's home or at a pound or veterinarian, with the owner paying the costs. If it stays healthy, there was no rabies risk from the bite. A dog that keeps menacing people on public roads can be declared a public nuisance by a judge, and cities and counties can adopt their own dog control rules.
Against a private dog owner, North Dakota's damages chapter sets no dollar cap on damages for pain, scarring, or emotional distress. Punitive damages require clear and convincing proof of oppression, fraud, or malice and are limited to the greater of twice the compensatory award or $250,000. Against a public body the limit is $500,000 per person, with no punitive damages. In practice, the owner's insurance policy limit can be the real ceiling.
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