Elements of proof for asbestos action involving malignant conditions
N.D. Cent. Code § 32-46.2-05
in effect32-46.2-05. Elements of proof for asbestos action involving malignant conditions
1. An asbestos action related to an alleged asbestos-related malignant condition may not
be brought or maintained in the absence of prima facie evidence that the exposed
individual has a malignant condition for which asbestos exposure was a substantial
contributing factor. The prima facie showing must be made as to each defendant and
include a detailed narrative medical report signed by a qualified physician that includes
all of the following:
a. A diagnosis that the exposed person has a malignant asbestos-related condition;
and
b. A statement that exposure to asbestos was a substantial contributing factor to the
exposed individual's malignant condition and not more probably the result of
other causes, and a detailed explanation for that opinion. An opinion that the
malignant condition is consistent with or compatible with exposure to asbestos, or
words to that effect, does not satisfy this subdivision.
2. The court shall hold an evidentiary hearing and determine if the exposed person has
established a prima facie showing of cancer to which exposure to asbestos was a
substantial contributing factor.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t32c46-2.pdf#nameddest=32-46p2-05Fetched: 10/16/2026