Modified comparative fault
N.D. Cent. Code § 32-03.2-02
in effect32-03.2-02. Modified comparative fault
Contributory fault does not bar recovery in an action by any person to recover damages for
death or injury to person or property unless the fault was as great as the combined fault of all
other persons who contribute to the injury, but any damages allowed must be diminished in
proportion to the amount of contributing fault attributable to the person recovering. The court
may, and when requested by any party, shall direct the jury to find separate special verdicts
determining the amount of damages and the percentage of fault attributable to each person,
whether or not a party, who contributed to the injury. The court shall then reduce the amount of
such damages in proportion to the amount of fault attributable to the person recovering. When
two or more parties are found to have contributed to the injury, the liability of each party is
several only, and is not joint, and each party is liable only for the amount of damages
attributable to the percentage of fault of that party, except that any persons who act in concert in
committing a tortious act or aid or encourage the act, or ratifies or adopts the act for their
benefit, are jointly liable for all damages attributable to their combined percentage of fault.
Under this section, fault includes negligence, malpractice, absolute liability, dram shop liability,
failure to warn, reckless or willful conduct, assumption of risk, misuse of product, failure to avoid
injury, and product liability, including product liability involving negligence or strict liability or
breach of warranty for product defect.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t32c03-2.pdf#nameddest=32-03p2-02Fetched: 10/16/2026