Sidewalk and Public Property Falls in North Dakota

Owners of lots next to a city street must build, rebuild and keep in good repair the sidewalks along their property that the city has built or ordered built; if they do not after notice, the city can do the work and assess the cost against the property. The statute does not say in words who is liable to a person injured on a defective sidewalk. A city or other political subdivision can be liable for injuries caused by a condition of its property when a private person would be liable, subject to the limits of the governmental liability law. The old statutes requiring a claim to be filed with the city before suing over a defective street or sidewalk were repealed in 1977.

Claims against a city, county, school district, park district, township or other political subdivision: the political subdivision liability law (reviewed) has no separate written notice-of-claim step; the lawsuit is brought against the political subdivision and must be started within three years after the claim arises. Liability is capped at $500,000 per person and $2 million for all claims from a single occurrence, and punitive damages are not allowed. Claims against the State itself follow a different law (see government claims).

State: written notice of the claim must be given to the director of the Office of Management and Budget within 180 days after the injury is discovered or reasonably should have been discovered (one year for a "serious injury"), and a lawsuit must generally be filed within three years. State liability is capped at $500,000 per person and $2 million per occurrence, and no punitive damages are allowed. Political subdivisions (cities, counties and similar bodies): liability is capped at $500,000 per person and $2 million per occurrence, no punitive damages, and the lawsuit must generally be filed within three years.

Most personal injury lawsuits based on negligence must be filed within six years after the claim arises, under the catch-all for "any other injury to the person or rights of another not arising upon contract." Shorter deadlines apply to some claims: two years for assault, battery, false imprisonment, libel and slander.