North Dakota dog bite statute of limitations: six years
Under N.D.C.C. 28-01-16, an action "for any other injury to the person or rights of another not arising upon contract" must be started within six years after the claim accrues. A bite claim fits that clause.
A child's clock is paused. Section 28-01-25 of the same chapter says time spent under age 18 is not counted, but the extension cannot run longer than one year after the disability ends.
Public bodies are faster. For a claim against the state, N.D.C.C. 32-12.2-04 requires written notice to the director of the office of management and budget within 180 days after the injury is discovered. A suit against a city or county falls under N.D.C.C. 32-12.1-10, which allows three years.
Does North Dakota follow the one bite rule?
In substance, yes. The dog statute in N.D.C.C. 36-21-11 makes owners pay when their dogs kill or chase sheep, poultry and other domestic animals. It says nothing about people.
For a person, the common law rule applies. In Amyotte v. Rolette County Housing Authority, the Supreme Court quoted it: the owner or keeper of a domesticated animal that is not naturally dangerous is liable only if he knows or has reason to know that the particular animal is abnormally dangerous.
So the dog's history is the heart of the case. Earlier bites, lunging, complaints to the owner and calls to animal control are the facts to gather. Our page on the one bite rule lists what to collect.
Landlords and dogs kept by tenants
The leading North Dakota case started with a meter reader. In Twogood v. Wentz, a utility worker was bitten on the leg by a tenant's dog and sued the landlords.
The court held a landlord is not liable to a third person for a tenant's dog unless the landlord had control of the premises and knew of the dog's vicious propensities. Amyotte later added that a no-pets clause in a lease does not by itself create a duty to protect you.
If you were partly at fault
North Dakota draws the line at even fault. N.D.C.C. 32-03.2-02 says your fault does not bar recovery unless it was as great as the combined fault of everyone else. A 50 percent finding ends the claim. Anything less cuts your award by your share.
Rabies shots, quarantine and who pays
Rabies care is costly and North Dakota assigns it. Under N.D.C.C. 23-36-09, the owner is liable for quarantine, veterinary costs and your postexposure treatment if the dog was not licensed or not confined or vaccinated, as state or local law requires. That section does not limit the owner's other liability.
The same chapter lets the health department seize and quarantine a dog that bit someone when the owner is unwilling or unable to follow its advice. Our page on dog bites and rabies covers the medical side.
When to call a North Dakota dog bite lawyer
Six years is long, but witnesses move and records get purged. Call while neighbors still remember the dog's behavior and animal control files are easy to request. A lawyer can also check whether the landlord or a public body shares the blame.
How to report a dog bite in North Dakota
Report the bite to your local animal control or health department. The North Dakota Health and Human Services, Rabies page sets out the next steps.
Before you sign with anyone, check that the attorney is licensed: use the North Dakota Court System lawyer search.
