Does North Dakota have a dog bite statute?

No. North Dakota has no statute that makes every dog owner automatically liable. Liability comes from case law and ordinary negligence principles, plus local animal control ordinances.

Under Sendelbach v. Grad (1976), dog bite liability is based on a combination of scienter and negligence: the dog's vicious propensity, the owner's knowledge of it, and the owner's negligence in failing to prevent the bite.

Is there any automatic liability?

Yes, in one situation: if the owner violated the state licensing, registration or vaccination laws, the owner is automatically liable for treatment for potential rabies exposure.

Does my fault matter?

Yes. Modified comparative fault reduces your damages by your percentage and bars the claim at 50% or more. Provocation is a common defense, though not an automatic bar.

How long do I have to file?

Six years under N.D.C.C. 28-01-16 for most personal injury claims. Claims against a government entity require written notice, generally within 180 days.

North Dakota Dog Bite Liability

North Dakota has no dog bite statute. Under Sendelbach v. Grad, you must show the dog's vicious propensity, the owner's knowledge and the owner's negligence. Owners are automatically liable only for rabies treatment when they broke licensing or vaccination laws.

Based on Sendelbach v. Grad FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

What is your claim worth?

Enter your estimated damages and a few quick facts about the incident.

Estimated damages (medical bills, lost wages, etc.)

Rabies-exposure treatment costs, if any

Did the owner violate the licensing, registration or vaccination laws (so rabies costs are automatic)?

Did the dog have a known vicious propensity that the owner knew or should have known about (a prior bite or aggression)?

Was the owner negligent in preventing the bite (a leash law or ordinance violation, an open gate)?

Did you provoke the dog?

Who are you claiming against?

Your own share of fault, if any: 0%

Estimated result

—

Add pain & suffering to this number →

Scienter plus negligence, not strict liability

North Dakota permits a dog bite victim to recover if the victim proves the owner knew the dog was vicious and was negligent in not preventing the accident. Sendelbach v. Grad (1976) held that liability combines scienter and negligence.

One statutory exception makes an owner automatically liable for rabies-exposure treatment when the owner violated licensing, registration or vaccination laws. Local ordinances, such as Bismarck's dangerous dog rules, can supply evidence of negligence.

Injured in North Dakota?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a North Dakota attorney

Official sources

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited North Dakota statutes. Confirm how these rules apply to your specific case with a licensed North Dakota attorney.

North Dakota Dog Bite Liability

What is your claim worth?

Scienter plus negligence, not strict liability

Official sources

Go deeper

Related calculators