No Dog Bite Statute in North Dakota: Scienter Plus Negligence

By the FigureMyTax Editorial Team · How we calculate

North Dakota is a one-bite state with a negligence requirement on top, so a first-time bite is hard to win.

No statute

Unlike many states, North Dakota has no statute that holds all dog owners automatically liable for a bite.

Scienter plus negligence

A victim can recover by proving the owner knew the dog was vicious and was negligent in not preventing the accident. In Sendelbach v. Grad, the court approved an instruction that an owner must exercise reasonable care against the dangers reasonably anticipated from a dog's dangerous propensities.

Three things to prove

A victim is required to prove the existence of a vicious propensity to bite, the owner's knowledge of it, and the owner's negligence in failing to prevent the bite.

Rabies treatment

One statutory exception: an owner who violated state licensing, registration or vaccination laws is automatically liable for treatment for potential rabies exposure.

Local rules

Cities such as Bismarck define dangerous dogs by ordinance and require confinement, muzzling and liability insurance, and violations can help show negligence.

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.