2016 North Dakota Century Code Title 32 Judicial Remedies Chapter 32-03 Damages and Compensatory Relief
Download as PDF
CHAPTER 32-03
DAMAGES AND COMPENSATORY RELIEF
32-03-01. Damages for any injury.
Every person who suffers detriment from the unlawful act or omission of another may
recover from the person in fault a compensation therefor in money, which is called damages.
32-03-02. Detriment defined.
Detriment is a loss or harm suffered in person or property.
32-03-03. Damages resulting after action commenced.
Damages may be awarded in a judicial proceeding for detriment resulting after the
commencement thereof or certain to result in the future.
32-03-04. Interest on damages.
Every person who is entitled to recover damages certain or capable of being made certain
by calculation, the right to recover which is vested in the person upon a particular day, also is
entitled to recover interest thereon from that day, except for such time as the debtor is
prevented by law or by the act of the creditor from paying the debt.
32-03-05. When interest in discretion of court or jury.
In an action for the breach of an obligation not arising from contract and in every case of
oppression, fraud, or malice, interest may be given in the discretion of the court or jury.
32-03-06. When accepting principal waives interest.
Accepting payment of the whole principal as such waives all claim to interest, unless
interest is provided for expressly in the contract.
32-03-07. When court or jury may give exemplary damages.
Repealed by S.L. 1987, ch. 404, § 13, as amended by S.L. 1993, ch. 324, § 1.
32-03-08. When minor or incompetent subjected to exemplary damages.
A minor or person of unsound mind cannot be subjected to exemplary damages unless at
the time of the act the minor or person of unsound mind was capable of knowing that it was
wrongful.
32-03-09. Measure of damages for breach of contract - Damages must be certain.
For the breach of an obligation arising from contract, the measure of damages, except when
otherwise expressly provided by the laws of this state, is the amount which will compensate the
party aggrieved for all the detriment proximately caused thereby or which in the ordinary course
of things would be likely to result therefrom. No damages can be recovered for a breach of
contract if they are not clearly ascertainable in both their nature and origin.
32-03-09.1. Measure of damages for injury to property not arising from contract.
The measure of damages for injury to property caused by the breach of an obligation not
arising from contract, except when otherwise expressly provided by law, is presumed to be the
reasonable cost of repairs necessary to restore the property to the condition it was in
immediately before the injury was inflicted and the reasonable value of the loss of use pending
restoration of the property, unless restoration of the property within a reasonable period of time
is impossible or impracticable, in which case the measure of damages is presumed to be the
difference between the market value of the property immediately before and immediately after
the injury and the reasonable value of the loss of use pending replacement of the property.
Restoration of the property shall be deemed impracticable when the reasonable cost of
necessary repairs and the reasonable value of the loss of use pending restoration is greater
Page No. 1
than the amount by which the market value of the property has been diminished because of the
injury and the reasonable value of the loss of use pending replacement.
32-03-09.2. Liability for willful damages to property.
Any person convicted of criminal mischief shall be responsible for the actual damages to
real and personal property and such damages may be recovered in a civil action in a court of
competent jurisdiction. Additionally, any minor against whose parents a judgment may be
entered pursuant to section 32-03-39 for damages resulting from action of the minor shall be
jointly and severally liable with the parents of the minor for such action up to the maximum
amount provided in section 32-03-39 and solely liable for any damages over that amount. Any
judgment rendered pursuant to this section shall not be discharged in bankruptcy and shall not
be subject to the statutes of limitations provided in chapter 28-01, nor shall such judgment be
canceled pursuant to section 28-20-35.
32-03-10. Damages for breach of obligation to pay money.
The detriment caused by the breach of an obligation to pay money only is deemed to be the
amount due by the terms of the obligation, with interest thereon.
32-03-11. Damages for breach of covenants in grants.
The detriment caused by the breach of a covenant of seizin, of right to convey, of warranty,
or of quiet enjoyment, in a grant of an estate in real property, is deemed to be:
1. The price paid to the grantor, or if the breach is partial only, such proportion of the
price as the value of the property affected by the breach bore at the time of the grant
to the value of the whole property.
2. Interest thereon for the time during which the grantee derived no benefit from the
property, not exceeding six years.
3. Any expense properly incurred by the covenantee in defending the covenantee's
possession.
32-03-12. Damages for breach of covenant against encumbrances.
The detriment caused by the breach of a covenant against encumbrances in a grant of an
estate in real property is deemed to be the amount which has been expended actually by the
covenantee in extinguishing either the principal or interest thereof, not exceeding in the former
case a proportion of the price paid to the grantor, equivalent to the relative value at the time of
the grant of the property affected by the breach as compared with the whole, or, in the latter
case, interest on a like amount.
32-03-13. Damages for breach of agreement to convey realty.
The detriment caused by the breach of an agreement to convey an estate in real property is
the difference between the price agreed to be paid and the value of the estate agreed to be
conveyed at the time of the breach and the expenses properly incurred in examining the title,
and in preparing to enter upon the land, and the amount paid on the purchase price, if any, with
interest thereon from the time of the breach.
32-03-14. Damages for breach of agreement to buy realty.
The detriment caused by the breach of an agreement to purchase an estate in real property
is deemed to be the excess, if any, of the amount which would have been due to the seller
under the contract over the value of the property.
32-03-15. Damages for breach of carrier's obligation to accept freight, messages, or
passengers.
The detriment caused by the breach of a carrier's obligation to accept freight, messages, or
passengers is deemed to be the difference between the amount which the carrier had a right to
charge for the carriage and the amount it would be necessary to pay for the same service when
it ought to be performed.
Page No. 2
32-03-16. Damages for breach of carrier's obligation to deliver freight.
The detriment caused by the breach of a carrier's obligation to deliver freight, when the
carrier has not converted it to the carrier's own use, is deemed to be the value thereof at the
place and on the day at which it should have been delivered, deducting the freightage to which
the carrier would have been entitled if the carrier had completed the delivery.
32-03-17. Damages for carrier's delay.
The detriment caused by a carrier's delay in the delivery of freight is deemed to be the
depreciation in the intrinsic value of the freight during the delay and also the depreciation, if any,
in the market value thereof, otherwise than by reason of a depreciation in the intrinsic value, at
the place where it ought to have been delivered between the day at which it ought to have been
delivered and the day of its actual delivery.
32-03-18. Damages for breach of warranty of agent's authority.
The detriment caused by the breach of a warranty of an agent's authority is deemed to be
the amount which could have been recovered and collected from the agent's principal if the
warranty had been complied with and the reasonable expenses of legal proceedings taken in
good faith to enforce the act of the agent against the agent's principal.
32-03-19. Damages for breach of promise to marry.
Repealed by S.L. 1997, ch. 51, § 40.
32-03-20. Measure of damages for tort.
For the breach of an obligation not arising from contract, the measure of damages, except
when otherwise expressly provided by law, is the amount which will compensate for all the
detriment proximately caused thereby, whether it could have been anticipated or not.
32-03-21. Damages for wrongful occupation of realty.
The detriment caused by the wrongful occupation of real property in cases not embraced in
sections 32-03-22, 32-03-27, 32-03-28, and 32-03-29 is deemed to be the value of the use of
the property for the time of such occupation, not exceeding six years next preceding the
commencement of the action or proceeding to enforce the right to damages and the costs, if
any, of recovering the possession.
32-03-22. Damages for willful detention of realty.
For willfully holding over real property by a person who entered upon the same as guardian
or trustee for an infant or by right of an estate terminable with any life or lives after the
termination of the trust or particular estate without the consent of the party immediately entitled
after such termination, the measure of damages is the value of the profits received during such
holding over.
32-03-23. Damages for conversion of personalty.
The detriment caused by the wrongful conversion of personal property is presumed to be:
1. The value of the property at the time of the conversion, with the interest from that time;
or
2. When the action has been prosecuted with reasonable diligence, the highest market
value of the property at any time between the conversion and the verdict, without
interest, at the option of the injured party; and
3. A fair compensation for the time and money properly expended in pursuit of the
property.
32-03-24. Presumption of damages cannot be repelled.
The presumption declared by section 32-03-23 cannot be repelled in favor of one whose
possession was wrongful from the beginning by that person's subsequent application of the
property to the benefit of the owner without the owner's consent.
Page No. 3
32-03-25. Damages recoverable by lienholder.
One having a mere lien on personal property cannot recover greater damages for its
conversion from one having a superior right thereto after the lien is discharged than the amount
secured by the lien and the compensation allowed by section 32-03-23 for loss of time and
expenses.
32-03-26. Damages for seduction.
Repealed by S.L. 1997, ch. 51, § 40.
32-03-27. Damages for tenant's failure to surrender premises.
For the failure of a tenant to give up the premises held by the tenant, when the tenant has
given notice of intention to do so, the measure of damages is double the rent which the tenant
otherwise ought to pay.
32-03-28. Damages for tenant's willful holding over.
For willfully holding over real property by a tenant, after the end of the term and after notice
of intention to evict has been duly given and demand of possession made, the measure of
damages is double the yearly value of the property for the time of withholding, in addition to
compensation for the detriment occasioned thereby.
32-03-29. Damages for forcible exclusion from realty.
For forcibly ejecting or excluding a person from the possession of real property, the
measure of damages is three times such a sum as would compensate for the detriment caused
to the person by the act complained of.
32-03-30. Damages for wrongful injuries to timber.
For wrongful injuries to timber, trees, or underwood upon the land of another, or removal
thereof, the measure of damages is three times such a sum as would compensate for the actual
detriment, except when the trespass was casual and involuntary or committed under the belief
that the land belonged to the trespasser, or when the wood was taken by the authority of
highway officers for the purposes of a highway. In such a case the damages are a sum equal to
the actual detriment.
32-03-31. What value of property to seller deemed to be.
In estimating damages, the value of property to a seller thereof is deemed to be the price
which the seller could have obtained therefor in the market nearest to the place at which it
should have been accepted by the buyer and at such time after the breach of the contract as
would have sufficed with reasonable diligence for the seller to effect a resale.
32-03-32. What value of property to buyer or owner deemed to be.
In estimating damages, except as provided by sections 32-03-33 and 32-03-34, the value of
property to a buyer or owner thereof deprived of its possession is deemed to be the price at
which the buyer or owner might have bought an equivalent thing in the market nearest to the
place where the property ought to have been put into such person's possession, and at such
time after the breach of duty upon which that person's right to damages is founded as would
suffice with reasonable diligence for that person to make such a purchase.
32-03-33. When peculiar value to person deemed value.
When certain property has a peculiar value to a person recovering damages for deprivation
thereof or injury thereto, that value may be deemed to be its value against one who had notice
thereof before incurring a liability to damages in respect thereof or against a willful wrongdoer.
32-03-34. Value of title papers.
For the purpose of estimating damages, the value of an instrument in writing is presumed to
be equal to that of the property to which it entitles its owner.
Page No. 4
32-03-35. Damages prescribed by this chapter exclude exemplary damages.
The damages prescribed by this chapter are exclusive of exemplary damages and interest
except when those are mentioned expressly.
32-03-36. Recovery not more than gained by performance.
Notwithstanding the provisions of this chapter, no person can recover a greater amount in
damages for the breach of an obligation than the person could have gained by the full
performance thereof on both sides, except in the cases wherein exemplary damages or penal
damages are authorized, and in the case specified in section 36-21-13.
32-03-37. Damages must be reasonable.
Damages in all cases must be reasonable, and when an obligation of any kind appears to
create a right to unconscionable and grossly oppressive damages contrary to substantial justice,
no more than reasonable damages can be recovered.
32-03-38. Nominal damages.
When a breach of duty has caused no appreciable detriment to the party affected, the party
may recover nominal damages.
32-03-39. Parental responsibility for minor children - Recovery limitations.
Any municipal corporation, county, township, school district, or department of the state of
North Dakota, or any person, partnership, corporation, limited liability company, association, or
religious organization, whether incorporated or unincorporated, shall be entitled to recover
damages in a civil action in an amount not to exceed one thousand dollars in a court of
competent jurisdiction from the parents of any minor, living with a parent, who shall maliciously
or willfully destroy property, real, personal, or mixed, belonging to such municipal corporation,
county, township, school district, or department of the state of North Dakota, or person,
partnership, corporation, limited liability company, association, or religious organization.
Recovery shall be limited to actual damages in an amount not to exceed one thousand
dollars, in addition to taxable court costs.
32-03-40. Emergency treatment by firemen, policemen, or peace officers.
Any fireman, policeman, or peace officer who in good faith renders emergency care at the
scene of an emergency in this state shall be expected to render only such emergency care as in
such person's judgment is at the time indicated and shall not be liable for any civil damages for
acts or omissions done in the person's good-faith judgment except for damages occasioned by
wanton acts of misconduct or negligence in rendering such emergency care.
32-03-41. Immunity for mitigating hazardous materials discharge - Exceptions.
A person who assists or advises in mitigating or attempting to mitigate the effects of an
actual or threatened discharge, leakage, seepage, or other release of materials or substances
designated or defined as hazardous by any state or federal law or the rules and regulations of
any state or federal entity, or in preventing, cleaning up, or disposing of or in attempting to
prevent, clean up, or dispose of any such discharge, leakage, seepage, or other release is not
subject to any civil liability or penalty. This section does not apply to damages caused by that
person's gross negligence or reckless, wanton, or intentional misconduct, nor does this section
apply to any person whose act or omission caused the actual or threatened discharge, leakage,
seepage, or other release and who would otherwise be liable therefor, or to any person who
receives compensation other than reimbursement for out-of-pocket expenses for services in
rendering such assistance or advice.
32-03-42. Limited liability for gratuitous health care provided amateur athletes.
Any person licensed to provide health care services in this state who in good faith
voluntarily provides a health care service without compensation or the expectation of
compensation for amateur athletes, or at an amateur athletic event, is not liable for any
Page No. 5
damages resulting from any act or omission in the rendering of that care, including the failure to
arrange for further treatment or care. This section may not be construed to relieve the person of
liability for injury or death of the person receiving the health care service proximately resulting
from the intoxication, willful misconduct, or gross negligence of the person rendering the care.
32-03-43. Wrongful life action prohibited - Definition.
No person may maintain a claim for relief or receive an award for damages on that person's
own behalf based on the claim that, but for the act or omission of another, that person would
have been aborted. As used in this section, "abortion" means the termination of human
pregnancy with an intention other than to produce a live birth or to remove a dead embryo or
fetus.
32-03-44. Immunity of officers, directors, and trustees of nonprofit organizations.
Any person who serves as a director, officer, or trustee of a nonprofit organization that is, or
would qualify as a nonprofit organization that is, described in paragraphs 3, 4, 5, 6, 7, 10, and
19 of section 501(c) of the Internal Revenue Code of 1954 as amended [26 U.S.C. 501(c)(3),
(4), (5), (6), (7), (10), and (19)], is immune from civil liability for any act or omission resulting in
damage or injury if at the time of the act or omission all of the following are met:
1. The officer, director, or trustee was acting in good faith and in the scope of that
person's official duties as a director, officer, or trustee of the nonprofit organization.
2. The act or omission did not constitute willful misconduct or gross negligence on the
part of the officer, director, or trustee.
3. The officer, director, or trustee did not receive or expect to receive reimbursement for
or payment of expenses in excess of two thousand dollars per year for expenses
actually incurred as a result of providing services as a director, officer, or trustee of the
nonprofit organization and did not receive or expect to receive compensation or
anything in lieu of compensation as payment for services provided as a director,
officer, or trustee of the nonprofit organization.
32-03-45. Immunity of volunteers providing services for nonprofit organizations.
Except as provided in section 32-03-46, any person who, on a volunteer basis, provides
services or performs duties on behalf of a nonprofit organization is immune from civil liability for
any act or omission resulting in damage or injury if at the time of the act or omission all of the
following are met:
1. The person who caused the damage or injury was acting in good faith and in the
scope of that person's duties as a volunteer for the nonprofit organization.
2. The act or omission did not constitute willful misconduct or gross negligence.
This section does not grant immunity to any person causing damage as the result of the
negligent operation of a motor vehicle.
32-03-46. Immunity of volunteer athletic coaches and officials.
1. Any person who provides services or assistance free of charge, except for
reimbursement of expenses, as an athletic coach, manager, or official for a sports
team which is organized or performing pursuant to a nonprofit or similar charter is
immune from civil liability for any act or omission resulting in damage or injury to a
player or participant if at the time of the act or omission all the following are met:
a. The person who caused the damage or injury was acting in good faith and in the
scope of that person's duties for the sports team.
b. The act or omission did not constitute willful misconduct or gross negligence.
c. The coach, manager, or official had participated in a safety orientation and
training program established by the league or team with which the person is
affiliated.
2. This section does not grant immunity to:
a. Any person causing damage as the result of the negligent operation of a motor
vehicle.
Page No. 6
b.
c.
Any person for any damage caused by that person permitting a sports
competition or practice to be conducted without supervision.
Any athletic coach, manager, or official providing service as a part of a public or
private educational institution's athletic program.
32-03-47. Definitions - Voluntary engineering services - Immunity.
1. As used in this section:
a. "Architect" means a person registered under chapter 43-03 as an architect.
b. "Building inspection official" means any appointed or elected federal, state, or
local official with overall executive responsibility to coordinate building inspection
in the jurisdiction in which the emergency or event has occurred.
c. "Law enforcement official" means any appointed or elected federal, state, or local
official with overall executive responsibility to coordinate law enforcement in the
jurisdiction in which the emergency or event has occurred.
d. "Professional engineer" means a person licensed under chapter 43-19.1 as a
professional engineer.
e. "Public official" means any federal, state, or locally elected official with overall
executive responsibility in the jurisdiction in which the emergency or event has
occurred.
f. "Public safety official" means any appointed or elected federal, state, or local
official with overall executive responsibility to coordinate public safety in the
jurisdiction in which the emergency or event has occurred.
2. An architect or a professional engineer who voluntarily, without compensation,
provides architectural or structural, electrical, mechanical, or other engineering
services at the scene of a declared national, state, or local emergency caused by a
major earthquake, hurricane, tornado, fire, explosion, collapse, or other similar disaster
or catastrophic event at the request of a national, state, or local public official, law
enforcement official, public safety official, or building inspection official acting in an
official capacity, is not liable for any personal injury, wrongful death, property damage,
or other loss caused by the architect's or professional engineer's acts, errors, or
omissions in the performance of any engineering services for any structure, building,
piping, or other engineered system, either publicly or privately owned.
3. The immunity provided in this section applies only to a voluntary engineering service
that occurs within ninety days of the emergency, disaster, or catastrophic event, unless
extended by the governor under chapter 37-17.1.
4. Nothing in this section provides immunity for wanton, willful, or intentional misconduct.
32-03-48. Definitions.
As used in sections 32-03-48 through 32-03-50, unless the context otherwise requires:
1. "Critical incident" means any event encountered by emergency service personnel
within the scope of their employment which causes them to experience unusually
strong emotional reactions that have the potential to interfere with their ability to
perform their jobs or that may interfere with their personal lives.
2. "Critical incident stress debriefing" means the process of resolving the effects of critical
incidents on emergency service personnel through a structured meeting with both
psychological and educational components according to the model approved by the
state department of health.
3. "Critical incident stress management team" means those volunteers who are
recognized by the state department of health as members of an organized group that
provides critical incident stress debriefing services on behalf of the state.
4. "Emergency service personnel" means individuals who provide emergency services to
persons requiring medical aid, firefighting services, law enforcement assistance, or
other emergency assistance. The term includes law enforcement officers, firefighters,
rescue personnel, ambulance personnel, quick response personnel, emergency
service dispatchers, nurses, physicians, and other emergency care providers.
Page No. 7
5.
6.
"Mental health personnel" means psychiatrists, licensed psychologists, licensed social
workers, licensed mental health counselors, nurses, members of the clergy, and other
individuals approved by the state department of health to function as members of a
critical incident stress management team, who have completed appropriate training as
approved by the department.
"Peer support personnel" means those members of a critical incident stress
management team who are emergency service personnel and who have completed
appropriate training approved by the state department of health.
32-03-49. Immunity from liability.
Notwithstanding any other law, any member of a critical incident stress management team
is immune from any civil liability for the member's activities in connection with critical incident
stress debriefing services unless, based upon the member's level of training, the member's
activities constitute gross negligence.
32-03-50. Confidentiality of critical incident stress management team proceedings
and records.
Notwithstanding sections 44-04-18 and 44-04-19, all records and proceedings of a critical
incident stress management team in connection with its critical incident stress debriefing
activities are confidential. The records and proceedings are not subject to discovery or
introduction into evidence in any action or proceeding involving the emergency service
personnel in attendance at a debriefing and which arises out of the matters that are the subject
of the debriefing. No person in attendance at a debriefing may be required to testify in any
action or proceeding as to any evidence or other matters produced or presented during the
debriefing. Information, documents, or records otherwise available from original sources are not
immune from discovery because they were presented during a critical incident stress debriefing.
Any person in attendance at a critical incident stress debriefing may testify as to matters within
the person's knowledge, but the person may not testify about the specific events that occurred
at a debriefing.
32-03-51. Limited liability of owner or operator of railroad.
An individual who is injured while boarding or attempting to board a moving locomotive or
railroad car, without authority from the owner or operator of the railroad, or who having boarded
a locomotive or railroad car without authority from the owner or operator of the railroad, is
injured while riding or getting off the locomotive or railroad car, may not recover any damages
from the owner or operator of the railroad for that injury unless the injury is proximately caused
by an intentional act of the railroad owner or operator and the railroad owner or operator knew
that serious injury was the probable result of the act, or that the owner or operator of the railroad
acted with wanton and reckless disregard of the probable result of the act. This section does not
exempt a railroad corporation from any liability created under chapter 49-16 or the federal
Employer's Liability Act [45 U.S.C. 51 et seq.] for injuries to its employees or agents.
32-03-52. Damages for fraudulent use of social security number - Attorney's fees.
1. No person may buy or otherwise obtain or sell, offer for sale, take or give in exchange,
pledge or give in pledge, or use any individual's social security account number, or any
derivative of the number, for the purpose of committing fraud or fraudulently using or
assuming the individual's identity.
2. Any individual aggrieved by the act of any person in violation of subsection 1 may
bring a claim for relief to recover any equitable relief as the court determines to be
appropriate and the greater of the actual damages or liquidated damages of up to ten
thousand dollars.
3. In addition to any damages or other relief awarded under subsection 2, if the
aggrieved individual prevails, the court may assess against the defendant reasonable
attorney's fees and any other litigation costs and expenses, including expert fees,
reasonably incurred by the aggrieved individual.
Page No. 8
4.
Any action brought under this section is in addition to any criminal prosecution that
may be brought under any state or federal law.
32-03-53. Damage or destruction of crops, livestock, or commodities - Damages.
1. A person is liable for damages as provided in subsection 2 if that person willfully and
knowingly damages or destroys any crop, livestock, or commodity which is being
produced, or has been produced for:
a. Personal or commercial purposes; or
b. Testing or research purposes as part of a product development program in
conjunction with or in coordination with a private research facility, a university, or
any federal, state, or local government entity.
2. In awarding damages under subsection 1, a court shall consider the market value of
the crop, livestock, or commodity before the damage or destruction and the
production, research, testing, replacement, and development costs directly related to
the crop, livestock, or the commodity. A person found by the court to have been
damaged under this section may recover reasonable attorney's fees, exemplary
damages, and twice the market value of the crop, livestock, or commodity before the
damage or destruction and twice the actual production, research, testing, replacement,
and development costs. Damages to crops, livestock, or commodities under this
section which are reasonably necessary under a written contract or recorded
easement duly entered into by the crop, livestock, or commodity producer are not
recoverable.
3. This section does not preclude or limit any other right or remedy available under law or
equity.
32-03-54. Limited liability - Firearms.
1. In this section, a firearm is defined as in section 62.1-01-01.
2. A firearm manufacturer, distributor, or seller who lawfully manufactures, distributes, or
sells a firearm is not liable to any person or to the estate, a successor, or survivor of
any person for any injury suffered, including wrongful death and property damage,
because of the use of a firearm by another.
3. An association of persons who are licensed under section 923 of title 18 of the United
States Code, or amendments thereto, is not liable to any person or to the estate, a
successor, or survivor of any person for any injury suffered, including wrongful death
and property damage, because of the use of a firearm sold or manufactured by any
licensee who is a member of the association.
4. This section does not apply to a claim for relief for deceit, breach of contract, express
or implied warranty, or for injury resulting from failure of a firearm to operate in a
normal or usual manner due to defects or negligence in design or manufacture. This
section does not apply to a claim for relief arising from the unlawful sale or transfer of
a firearm or an instance when the transferor knew or should have known that the
recipient would engage in the unlawful sale or transfer of the firearm or would use or
purposely allow the use of the firearm in an unlawful, negligent, or improper fashion.
For the purposes of this subsection, the potential of a firearm to cause serious injury,
damage, or death as a result of normal function does not constitute a defective
condition of the product. A firearm may not be deemed defective on the basis of its
potential to cause serious injury, damage, or death when discharged.
32-03-55. Immunity for report of suspected exploitation of disabled or vulnerable
elderly adult.
A financial institution or financial institution employee participating in good faith in the
making of a report of suspected exploitation of a disabled adult or vulnerable elderly adult to a
government agency or law enforcement agency, assisting in an investigation of suspected
exploitation of a disabled adult or vulnerable elderly adult by a government agency or law
enforcement agency, or furnishing information to a government agency or law enforcement
Page No. 9
agency about suspected exploitation of a disabled adult or vulnerable elderly adult is immune
from any liability, civil or criminal, that might otherwise result from reporting a suspected case of
exploitation of a disabled adult or vulnerable elderly adult. For purposes of any proceeding, civil
or criminal, the good faith of a financial institution making a report of suspected exploitation of a
disabled adult or vulnerable elderly adult to a government agency or law enforcement agency
must be presumed.
32-03-56. Immunity for theft of anhydrous ammonia.
The owner of anhydrous ammonia is immune from civil liability for any loss, damage, or
injury from the theft by another or attempted theft by another of anhydrous ammonia from the
tank, equipment, or storage facility in which it is contained. For purposes of this section, "owner"
means:
1. A person who lawfully owns anhydrous ammonia;
2. A person who lawfully owns a container, equipment, or storage facility containing
anhydrous ammonia;
3. A person responsible for the installation or operation of an anhydrous ammonia
container, equipment, or storage facility;
4. A person who lawfully sells anhydrous ammonia;
5. A person who lawfully purchases anhydrous ammonia for agricultural purposes; and
6. A person who operates or uses anhydrous ammonia containers, equipment, or storage
facilities when lawfully applying anhydrous ammonia for agricultural purposes.
32-03-57. Liquefied petroleum gas dealers immunity from civil liability.
1. Any person engaged in this state in the business of selling at retail, supplying,
handling, or transporting liquefied petroleum gas is immune from civil liability if the
direct cause of any loss, damage, or injury was caused by the alteration, modification,
or repair of liquefied petroleum gas equipment or a liquefied petroleum gas appliance if
the alteration, modification, or repair was done without the knowledge and consent of
the liquefied petroleum gas seller, supplier, handler, or transporter or was completed
by a person not certified to repair the equipment or appliance.
2. This section applies only to fixed liquefied petroleum gas fuel systems. "Fixed liquefied
petroleum gas fuel system" means an installation with a maximum operating pressure
of one hundred twenty-five pounds per square inch [56.70 kilograms per 6.45 square
centimeters] or less and includes the container assembly, pressure regulator, piping
system, gas utilization equipment and components, and venting system in residential,
commercial, or institutional installations.
32-03-58. Distribution of intimate images without or against consent - Remedies.
An individual whose intimate image is distributed in violation of section 12.1-17-07.2 may
maintain a private right of action against each person who has distributed that image in violation
of section 12.1-17-07.2, without regard to whether the defendant has been charged with, found
guilty of, or pleaded guilty to that offense. An individual whose intimate image is distributed in
violation of section 12.1-17-07.2 is entitled to pursue all of the economic, noneconomic, and
exemplary or punitive damages and other remedies available by law and to obtain a temporary
restraining order or a preliminary or permanent injunction ordering the person to cease
distribution of the intimate image.
Page No. 10
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
