Dog Bite Statute of Limitations in North Dakota
Last verified 2026-07 · Source: N.D. Cent. Code § 28-01-16 ✓ verified · 3 sources
The deadline
6 years
from Date of injury; discovery rule may apply for latent injuries, under N.D. Cent. Code § 28-01-16.
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Under N.D. Cent. Code § 28-01-16, you have 6 years from Date of injury; discovery rule may apply for latent injuries to file a dog bite lawsuit in North Dakota. Miss it and you lose the right to sue — but several North Dakota-specific exceptions can extend (or shorten) that window, detailed below.
North Dakota Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Dog Bite | 6 years | N.D. Cent. Code § 28-01-16 |
| Car Accident | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Credit Card Debt | 6 yrs | N.D. Cent. Code § 28-01-16(1) |
| Medical Malpractice | 2 yrs | N.D.C.C. § 28-01-18(3) |
| Wrongful Death | 2 yrs | N.D. Cent. Code § 32-21-02 |
| Personal Injury | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Slip and Fall | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Defamation | 2 yrs | N.D.C.C. § 28-01-18 |
| Breach of Contract | 6 yrs | N.D. Cent. Code § 28-01-16(1) |
| Medical Debt | 6 yrs | N.D.C.C. § 28-01-16(1) |
When the Clock Starts
In North Dakota, the limitations period for dog bite injury claims generally begins on Date of injury; discovery rule may apply for latent injuries. North Dakota recognizes a discovery rule for this claim type: North Dakota courts recognize judicially developed discovery rule for latent injuries.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Written notice of claim required within 180 days under NDCC § 32-12.1-04 before suing state entities
North Dakota applies scienter/one-bite rule under NDCC § 42-03-01. Longest SOL in this group at 6 years under § 28-01-16.
Source: N.D. Cent. Code § 28-01-16, official North Dakota statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for North Dakota government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How North Dakota Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| North Dakota | 6 years | N.D. Cent. Code § 28-01-16 |
| Minnesota | 2 yrs | Minn. Stat. § 347.22 |
| South Dakota | 3 yrs | SDCL § 15-2-14(3) |
| Montana | 3 yrs | Mont. Code Ann. § 27-2-204 |
Frequently Asked Questions
How long do I have to file a dog bite lawsuit in North Dakota?
You have 6 years from Date of injury; discovery rule may apply for latent injuries, under N.D. Cent. Code § 28-01-16.
Can I still sue after 6 years in North Dakota?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to dog bite injury claims in North Dakota?
Yes. North Dakota courts recognize judicially developed discovery rule for latent injuries.
What if the victim was a minor?
North Dakota generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Written notice of claim required within 180 days under NDCC § 32-12.1-04 before suing state entities
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Sources
- Official ND Century Code Title 28, Chapter 28-01
- Corroborating Justia - NDCC § 28-01-16
- Corroborating ND Dog Bite Lawyers - Sand Law
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed North Dakota attorney.