North Dakota Dog Bite Laws: Liability and Victim Rights

How Dog Bite Liability Works in North Dakota

North Dakota does not have a strict liability statute for dog bites. Instead, the state relies on a combination of common law principles rooted in two landmark North Dakota Supreme Court decisions.

The key case is Sendelbach v. Grad, 246 N.W.2d 496 (N.D. 1976). In that case, the court held that a dog bite victim must prove two things to recover damages. First, the owner knew the dog had vicious propensities toward people. Second, the owner was negligent in failing to prevent the injury.

This standard differs from pure "one-bite" states. In North Dakota, proving that the owner knew the dog was dangerous is not enough on its own. The victim must also show the owner failed to take reasonable steps to prevent the attack.

What Victims Must Prove

To win a dog bite lawsuit in North Dakota, a victim must establish all of the following:

• The dog had a tendency to bite or attack people
• The owner knew or should have known about that tendency
• The owner failed to exercise reasonable care to prevent the injury
• The victim suffered actual damages as a result

The court in Sendelbach approved a jury instruction stating that if a dog's traits are "of a nature likely to cause injury the owner must exercise reasonable care to guard against and to prevent injuries or damages which are reasonably to be anticipated from the dangerous or vicious propensity of the dog."

Negligence as a Separate Path to Liability

Even without proof of prior vicious behavior, a victim can recover damages by proving general negligence. The case Hart v. Kern (N.D. 1978) established that an owner's knowledge that a dog could escape its enclosure, combined with failure to confine the dog or warn visitors, can create liability.

This means victims may succeed by showing the owner violated local leash laws, failed to properly restrain the dog, or otherwise acted carelessly.

Automatic Liability for Rabies Vaccination Violations

North Dakota provides one important exception to the general negligence framework. Under N.D.C.C. 23-36-09, a dog owner who fails to license, register, or vaccinate their dog against rabies as required by state or local law is automatically liable for any medical treatment costs related to potential rabies exposure following a bite.

This is a form of strict liability limited to rabies-related medical expenses. It does not cover other damages like pain and suffering or lost wages.

North Dakota requires all dogs over six months old to be vaccinated against rabies by a licensed veterinarian. Failure to comply can result in fines ranging from $50 to $100, depending on the municipality, in addition to the automatic bite liability.

North Dakota Comparative Fault Rules

North Dakota follows a modified comparative fault system under N.D.C.C. 32-03.2-02. This rule directly affects how much compensation a dog bite victim can recover.

Under this system, a jury assigns a percentage of fault to each party. If the victim is found to be less than 50% at fault, their compensation is reduced by their percentage of fault. If the victim is found to be 50% or more at fault, they recover nothing at all.

How Comparative Fault Applies to Dog Bites

Victim Fault	Result
0% at fault	Full compensation awarded
20% at fault	Compensation reduced by 20%
49% at fault	Compensation reduced by 49%
50% or more at fault	No compensation at all

Common scenarios that may reduce a victim's recovery include provoking the dog, trespassing on private property, or ignoring warning signs about a dangerous animal.

Statute of Limitations for Dog Bite Claims

North Dakota has one of the longest statutes of limitations for personal injury claims in the country. Under N.D.C.C. 28-01-16, victims have six years from the date of the dog bite to file a lawsuit.

This six-year window applies to general personal injury claims, including dog bite cases. However, there are important exceptions:

• Wrongful death claims have a shorter two-year deadline
• Claims against government entities may require earlier notice, often within 180 days
• Minors may have extended deadlines that begin running when they turn 18
• The discovery rule may delay the start of the clock in cases where injuries are not immediately apparent

Filing after the deadline almost always results in the case being dismissed, regardless of its merits.

Dog Owner Responsibilities Under North Dakota Law

North Dakota law imposes several obligations on dog owners through state statutes and local ordinances.

Rabies Vaccination and Licensing

Under N.D.C.C. Chapter 23-36, all dog owners must vaccinate their dogs against rabies. Most municipalities also require annual licensing and registration. Cities have the authority to license dogs and regulate dog keeping under N.D.C.C. 40-05-02.

Confinement and Leash Laws

Municipalities have broad authority under N.D.C.C. 40-05-01 to regulate or prohibit dogs running at large. Counties can also regulate dog confinement under N.D.C.C. 11-11-14. Most cities in North Dakota require dogs to be leashed in public areas and securely confined on the owner's property.

Liability for Livestock Damage

Under N.D.C.C. 36-21-11, the owner of any dog that kills, wounds, or chases sheep or other domestic animals is liable for all resulting damages. Additionally, under N.D.C.C. 36-21-10, a person who kills a dog caught in the act of attacking livestock is not liable to the dog's owner.

Violating any of these requirements can serve as evidence of negligence in a dog bite lawsuit, strengthening the victim's case.

Public Nuisance Dog Laws

North Dakota has a specific statute addressing dogs that are a public nuisance. Under N.D.C.C. 42-03-01, any dog that habitually molests a person traveling peaceably on a public road or street is classified as a public nuisance.

The process for addressing a nuisance dog involves filing a civil complaint in North Dakota State District Court. If the judge finds the dog is a public nuisance, the court must enter judgment accordingly and order a peace officer to destroy the animal. If the owner is known, the court enters judgment against the owner for costs.

This is a serious consequence that applies specifically to dogs with a pattern of aggressive behavior toward people in public spaces.

Damages Available to Dog Bite Victims

Dog bite victims in North Dakota may recover both economic and non-economic damages if they can meet the liability standard.

Economic Damages

• Emergency room visits and hospital stays
• Surgical procedures, including reconstructive surgery
• Physical therapy and rehabilitation
• Prescription medications
• Lost wages during recovery
• Reduced future earning capacity
• Property damage (torn clothing, broken personal items)

Non-Economic Damages

• Physical pain and suffering
• Emotional distress and anxiety
• Scarring and permanent disfigurement
• Post-traumatic stress, particularly common in child victims
• Loss of enjoyment of life

North Dakota does not impose a statutory cap on damages in dog bite cases.

Legal Defenses Available to Dog Owners

Dog owners in North Dakota have several potential defenses against bite liability.

Provocation

If the victim provoked the dog through teasing, hitting, or other aggressive behavior, the owner may avoid liability. The provocation must be sufficient to cause a normally calm dog to react aggressively.

Trespassing

Owners generally face reduced or no liability when a dog bites someone who was trespassing on private property. Courts may treat this differently when the victim is a young child who may not understand property boundaries.

Assumption of Risk

Professionals who work with animals, such as veterinarians, dog groomers, and kennel workers, may have their claims limited or barred if they knowingly accepted the risk of being bitten as part of their work.

Lack of Knowledge

Because North Dakota requires proof that the owner knew of the dog's dangerous tendencies, an owner can defend by showing they had no reason to believe their dog would bite. This is sometimes called the "first bite" defense, though it is not absolute.

Breed-Specific Legislation in North Dakota

North Dakota does not have a statewide ban on any dog breed. However, the state allows municipalities to enact their own breed-specific ordinances.

Several North Dakota cities have breed-specific restrictions:

• Minot bans pit bull dogs and requires owners cited by animal control to remove the dog from city limits within 24 hours
• Bowman bans pit bulls, rottweilers, and Doberman pinschers
• Burlington, Cando, Center, and Crosby have various breed restrictions

Many other North Dakota communities have moved away from breed-specific bans in favor of behavior-based dangerous dog ordinances. Residents should check their local municipal code for current restrictions.

Landlord Liability for Tenant Dog Bites

Landlords in North Dakota can face liability for injuries caused by a tenant's dog under limited circumstances. A landlord may be held responsible if all three conditions are met:

1. The landlord knew the tenant's dog was dangerous
2. The landlord had the legal authority to require the tenant to remove the dog or to terminate the tenancy
3. The landlord failed to act despite knowing the risk

Simply renting property to a tenant who owns a dog does not create liability. The key factor is the landlord's actual knowledge of the specific dog's dangerous behavior. When a tenancy can be terminated on short notice, a landlord who learns the dog is dangerous and does nothing may face greater exposure.

Landlords should include pet policies in lease agreements and consider requiring tenants with dogs to carry renter's insurance with adequate liability coverage.

Criminal Penalties for Dog Owners

In serious cases, North Dakota dog owners may face criminal consequences in addition to civil liability.

Misdemeanor Charges

Owners may face misdemeanor charges when a dog causes injury due to violations of local leash laws, failure to confine a known dangerous dog, or other acts of negligence. Penalties typically include fines and possible probation.

Felony Charges

Felony charges may apply when:

• A dog seriously injures or kills a person
• The owner knew the dog was dangerous and failed to take precautions
• The owner intentionally used the dog as a weapon

Animal Cruelty and Neglect

Under N.D.C.C. Chapter 36-21.2, North Dakota law addresses animal neglect, abuse, cruelty, and abandonment with escalating penalties. Owners who fail to provide basic care for their dogs, or who subject them to conditions that lead to aggressive behavior, may face charges under these provisions.

Steps to Take After a Dog Bite in North Dakota

If you are bitten by a dog in North Dakota, taking the right steps immediately can protect both your health and your legal rights.

1. Get medical treatment right away. Dog bites carry a high risk of infection. Keep all medical records and receipts.
2. Report the bite to animal control. File a report with your local animal control office and police department. This creates an official record.
3. Document the scene. Take photographs of your injuries, the location where the bite occurred, and the dog if possible.
4. Collect the owner's information. Get the dog owner's name, address, phone number, and homeowner's or renter's insurance details.
5. Find witnesses. Get contact information from anyone who saw the attack.
6. Preserve physical evidence. Keep torn or bloody clothing in a sealed bag.
7. Check the dog's vaccination status. Ask animal control to verify the dog's rabies vaccination records. If the dog is not vaccinated, you may need preventive rabies treatment.
8. Consult a personal injury attorney. North Dakota dog bite cases require specific proof. An attorney experienced in these claims can evaluate your situation and advise on your options.

More North Dakota Laws

• North Dakota Lemon Laws
• North Dakota Hit and Run Laws
• North Dakota Sexting Laws
• North Dakota Recording Laws
• North Dakota Statute of Limitations
• North Dakota Whistleblower Laws
• North Dakota Car Seat Laws