North Dakota Tort Laws

North Dakota lives up to its name as one of the safer states to live in. The Peace Garden State only saw 738 asbestos-related fatalities — one of the more common causes of mass tort cases — from 1999 to 2017.

Accidents still happen, though. In 2002, North Dakota became the unfortunate site of a Canadian Pacific Railway train derailment incident that spilled gallons of toxic chemicals into the area, injuring thousands of Minot locals. The case resulted in Canadian Pacific having to pay damages to 5,000 victims.

The Minot locals affected by the train derailment were able to recover compensation from the train company thanks to mass civil actions predicated on the state’s tort law. To wit, every person has the right to be safe from bodily and reputational harm, and every person is bound by law to avoid damaging other people’s property or infringing on their rights. 

This is the basic premise of a tort — an infringement on the right of someone to be safe in their body, property, and reputation, as opposed to other civil actions like personal injury cases which are only based on physical harm suffered by the victim.

This article will discuss further what a tort is, the different kinds of tort recognized by North Dakota courts, and the process of working through a mass tort action. 

It also provides information on legal resources that might prove useful for low-income individuals or families looking to participate in a mass tort action.

Basic Tort Categories in North Dakota

North Dakota State University defines a tort as “a wrongful act which injures another person’s body, property, or reputation.” North Dakota recognizes three classifications of torts according to the state of mind of the offending party. These are negligent, intentional, and strict or absolute liability torts.

Negligent Torts

First off, a negligent tort is a tort that arises from a failure to meet an expected level of care or carefulness. In this kind of tort, the offending party did not mean to cause harm to anyone, but still did so because they failed to do so because they were not able to exercise a level of care a prudent person would.

An example of a negligent tort can be seen in the Wanner v. Getter Trucking case, where the court and jury found negligence on the part of the trucking company when it failed to properly secure an oil derrick while loading it for transport, causing an employee to fall and sustain injuries.

Intentional Torts

An intentional tort is an action done that has a natural consequence of harming another person. The offending party in this case fully knew that their actions would hurt someone else, and still pursued them.

A common example of this is trespassing, where one person intentionally interferes with another’s right to exclude someone from their property. This can be achieved through either being physically present in a space where you are not authorized to be or, like in the Hector v. Metro Centres case, by intentionally failing to remove a thing from someone’s property despite having a duty to do so.

Strict Liability Torts

The final category of tort according to the offending party’s state of mind is the strict or absolute liability tort. This tort is defined by the fact that the offending party’s state of mind is irrelevant in determining liability. 

An example of this kind of tort is when cattle escape from a fenced-off area. Their owner, despite taking careful measures to keep the cattle in a designated area, is still liable for any damages the cattle cause when they break out.

Other Tort Categories in North Dakota

In addition to the categories mentioned above, there are also economic or business torts and nuisances.

An economic or business tort arises from business transactions that are likely to result in pure economic losses. Tortious interference with a contract is an example of this where one party intentionally and unjustifiably breaches a contract, causing economic damage to the offended party.

A nuisance, on the other hand, is a kind of tort where the offending party indirectly interferes with someone’s enjoyment of their property. According to state laws, this includes unlawful acts or omissions that injure the comfort and safety of others, offend common decency, make roads and waterways unsafe for travel, and in any way make someone feel that their life or property is in danger. 

Tort vs. Crime in North Dakota

The main difference between tort and crime is that a tort results in civil proceedings while a crime results in criminal proceedings. 

In other words, a tort gives individuals the right to claim compensation from the offending party. A crime gives the government or society the right to punish the offending party’s illegal actions. 

While there are some acts that give rise to both, the civil and criminal legal remedies remain separate.

As an example, it can be a tort if someone deposits dust on your property, but it can only be a crime if that action is specifically called out as a crime by law.

Mass Torts in North Dakota

A mass tort is a civil action that involves many people suing either one or more corporate defendants. Each plaintiff in this civil action also has their claim where they are looking for compensation for specific injuries they incurred. 

Mass torts, like the Minot train derailment case mentioned earlier, allow affected individuals to pool their resources, share evidence, and present a unified front against the defendant company. 

Filing a mass tort is a way to efficiently manage the complexities of multiple cases with similar facts while representing the diverse range of injuries and circumstances experienced by the plaintiffs.

Mass Torts vs. Class Actions

The main difference between mass torts and class action lawsuits lies in how each group of plaintiffs is represented in a case.

In class action lawsuits, the plaintiffs are categorized as a class or a specific group and are represented by a class representative. 

All class members are considered as one plaintiff, with the class representative acting as a stand-in for the group. 

The role of the class representative is to advocate for the interests of the entire class, and the outcome of the case affects all members of the class unless they opt out.

As for mass torts, plaintiffs remain as distinct individuals. 

Each plaintiff in a mass tort is treated as an individual entity still required to independently litigate their case, from substantiating the facts of their injury to determining the extent of their damages for compensation purposes.

The Mass Tort Process

While each case presents a unique set of facts, there is a general approach to addressing the collective grievances of individuals who have been harmed by the same product or situation. Each attorney in a mass tort case may handle their client’s case differently, but they generally follow this procedure:

1. Attorneys retained by each plaintiff will examine the facts and circumstances surrounding each of the plaintiffs’ injuries. This is to demonstrate that the injuries were brought about by a specific dangerous product or situation caused by a company and that the facts surrounding each claimant’s injuries are varied enough to disqualify it from being a class-action lawsuit.

2. Following the collection of evidence, the attorneys usually file a multi-district litigation in federal court. An MDL is a procedure that centralizes similar cases from different jurisdictions to streamline the litigation process, primarily pretrial procedures. 

3. Throughout the proceedings, each attorney presents the specific consequences suffered by their clients. This step is crucial because it helps distinguish the severity of injuries among the plaintiffs. Plaintiffs who have suffered more severe consequences may be awarded a larger settlement.

4. The parties may then enter into settlement negotiations. If a settlement is reached, it is usually divided among the plaintiffs in proportion to the severity of their injuries. Individual trials may be held in some cases if a settlement cannot be reached to determine liability and damages for each plaintiff.

5. The total settlement amount is distributed among the plaintiffs once a settlement is reached or judgments are rendered in individual trials. Each plaintiff is compensated based on the specific effects and damages suffered. 

North Dakota Tort Liability Insurance Requirements

In North Dakota, all employers are required by law to secure workers’ compensation insurance to cover their employees before hiring. This is to protect both the employer and the worker from liability. 

According to North Dakota Workforce Safety & Insurance, employers can apply for insurance on the website and the organization will calculate the premiums based on the industry, payroll, and other factors.

While not required, employers should generally also have general liability and products/completed operations liability insurance. 

These types of insurance protect businesses by covering the costs of claims for things such as bodily injury or property damage, reputational harm, advertising errors, medical payments for injuries, and damage to rented property caused by specific accidents. 

These forms of insurance also help defray legal defense costs involved in defending against a mass tort case, such as attorney retaining fees, expert witness fees, and payouts for settlements or judgments.

The Statute of Limitations for Tort Cases in North Dakota

The time limit for filing mass tort cases in North Dakota can range from two years to up to 10 years. According to state law, most civil actions arising from personal injury and property damage can only be filed within six years after the offense. 

On the other hand, defamation and professional malpractice suits have a two-year statute of limitations.

Other relevant time limits include two years for wrongful death, libel, and slander claims. Claims of fraud, trespass, personal property injury, rent collection, oral and written contracts, and debt collection on account have a statute of limitations of six years. 

These time limits are relevant to mass tort actions because different plaintiffs in a mass tort action may have different claims arising from the same set of circumstances.

North Dakota laws also provide for when the statute of limitations starts to run in cases where there are undiscovered injuries. These cases use the state’s discovery rule, namely that the statute of limitations begins when the action accrues. 

As explained by the North Dakota judiciary in the case of BASF Corp. v. Symington, the action accrues and the statute of limitations starts running when “the claimant knows, or with reasonable diligence should know, that a potential claim exists.”

How Much Can Someone Sue in a Tort Case in North Dakota?

Plaintiffs and attorneys in mass tort lawsuits may seek damages ranging from $5,000 to $1 million, depending on the nature of the case. For instance, victims of toxic exposure may receive as much as $250,000, while those who suffered harm due to defective products may be eligible for up to $500,000. 

In North Dakota, there are three types of damages: monetary compensatory damages, nominal damages, and punitive or exemplary damages. For compensatory damages, the damage to the injured person may be rewarded in two ways. 

First is economic damages, which covers measurable monetary losses like medical and rehabilitation expenses. Second is non-economic damages, which may be rewarded if the claimant suffered intangible losses such as pain and suffering or mental anguish.

In awarding compensation, the amount for economic and non-economic damages must be specified separately. State laws allow a victim to specify a dollar amount if their claim for non-economic damages is less than $50,000. 

However, if the non-economic damages are equal to or greater than $50,000, it must be stated as a “reasonable sum but not less than $50,000.” In 1995, the state also reformed its law covering non-economic damages arising from medical malpractice, limiting the amount awarded to victims to $500,000 and below.

Nominal damages are a form of compensation courts can give to claimants if they can prove that their rights were breached, but they were not necessarily harmed in doing so. 

Punitive damages, on the other hand, is a form of punishment to the defendant. Punitive or exemplary damages serve as a warning to the defendant and others who may follow in their actions. 

Finally, North Dakota uses modified comparative negligence or fault rules, which means that victims’ compensation can be reduced by a percentage equal to their negligence or fault that contributed to the accident. 

Victims can be outright disqualified from getting compensation if it can be proven that their share in the fault is greater than all other parties combined. 

Other Legal Remedies in Tort Cases in North Dakota

In North Dakota, one can seek an injunction during mass tort cases. Injunctions are court orders requiring a certain party to do or cease from doing a certain act. A person can request an injunction under the following circumstances:

• If the plaintiff is entitled to a relief that involves restraining an act causing harm during litigation;

• During the case, if the defendant is violating the plaintiff’s rights, threatening to do so, or rendering the judgment ineffective;

• If, during the case, the defendant plans to fraudulently remove or dispose of property to harm creditors.

Meanwhile, the court may also order the offending party to pay restitution to the victims. Restitution is a form of monetary compensation specifically given to victims to repay the money lost because of the tort. It generally only covers actual expenses incurred by the victim, but may also include fixing or cleaning up damage done to property.

When deciding on the amount of restitution, the court will consider the reasonable damages suffered by the victim or victims. As opposed to judgments and settlements, which may include non-economic damages, restitution is limited to compensating money losses directly linked to the tort and its consequences.

Resources for Tort Victims in North Dakota

North Dakota Legal Self Help Center

The North Dakota Legal Self Help Center is an online resource provided to North Dakotans by the state’s judiciary. This resource provides visitors with a general guide for civil litigation throughout the state. It contains information such as North Dakota court locations, contact information for the Clerks of Court in different counties, and basic information covering topics ranging from evidence in court to how to request to appear in court through phone or other means of electronic communication.

North Dakota Free Legal Answers

North Dakota Free Legal Answers is an online legal advice clinic established with support from the American Bar Association. The clinic connects qualified individuals with its network of volunteer attorneys found within the state, letting them ask questions regarding their civil law case. Responses are made via email, and follow-up questions are welcome to be asked to the responding volunteer attorney.

The clinic accepts civil cases dealing with issues arising from legal bases such as civil rights, family, health and disability, and consumer rights laws. There is also a federal page for immigration and veterans’ laws concerns.

Legal Services of North Dakota

Legal Services of North Dakota is a nonprofit organization that performs pro bono legal work for qualified North Dakotans. Applications for legal assistance can be made online, in person, or over the phone. The organization accepts cases concerning public benefits like workplace disability accommodations, consumer rights cases involving intimidation from a creditor, foreclosure proceedings, and tax law-related issues. Its group of volunteer attorneys also works with domestic violence victims, ranging from those looking to get a protection order to adult and minor victims of emotional, mental, and physical abuse from their partners or parents.