Dog Bite Defenses: Provocation and the 50% Bar

By the FigureMyTax Editorial Team · How we calculate

Because North Dakota liability depends on knowledge and negligence, the owner's defenses attack both, and your own conduct counts.

Lack of knowledge

The owner's first defense is that nothing put it on notice that the dog was vicious. Prior bites or aggressive behavior defeat that.

Provocation

Provocation is one of the most commonly raised defenses, though it is not an automatic bar to recovery. Teasing, cornering or startling a dog can shift blame toward the victim under modified comparative negligence.

The 50% bar

Under N.D.C.C. 32-03.2-02, recovery is barred when your fault is as great as the combined fault of everyone else, and below that your damages are reduced by your percentage.

Insurance

Most dog bite claims are covered by the owner's homeowner's or renter's insurance.

Official sources

• N.D.C.C. ch. 32-03.2 — fault, damages and payments
• N.D.C.C. ch. 28-01 — time for commencing actions

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how North Dakota's rules apply to your specific case with a licensed North Dakota attorney.