North Dakota dog liability for owners of strong dogs

Without a bite statute, North Dakota courts require proof of both knowledge and negligence.

German Shepherd lying in grass looking at the camera

01A court-made rule

The dogbitelaw.com summary of North Dakota dog bite law says a North Dakota victim can recover by proving the owner knew the dog was vicious and was negligent in not preventing the accident, and that there is no strict liability for scienter alone. It cites Sendelbach v. Grad, which held liability rests on a combination of scienter and negligence.

02What negligence looks like

The same page describes Hart v. Kern, where the court said a jury must decide whether the owner's knowledge of the dog's ability to escape and failure to warn amounted to wanton or willful negligence.

What it means for buyersA trained protection dog is a known quantity, so assume an owner will be treated as having notice. Fencing, warning signs, a reliable recall and insurance are the practical protection. Ask a North Dakota attorney how this applies to you.

03Filing deadline

dogbitelaw.com lists North Dakota Century Code sections 28-01-16 and 28-01-18 as the source of the filing deadline for dog bite cases. Ask an attorney for the current time limit.

04Insurance and housing

Tell your insurer what dog is coming and read your lease or association rules first. State law does not override either.

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