32-03.2 Fault, Damages, and Payments
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<![CDATA[CHAPTER 32-03.2FAULT, DAMAGES, AND PAYMENTS32-03.2-01. Definition. As used in this chapter, "fault" includes acts or omissions thatare in any measure negligent or reckless toward the person or property of the actor or others, or<br>that subject a person to tort liability or dram shop liability. The term also includes strict liability for<br>product defect, breach of warranty, negligence or assumption of risk, misuse of a product for<br>which the defendant otherwise would be liable, and failure to exercise reasonable care to avoid<br>an injury or to mitigate damages. Legal requirements of causal relation apply both to fault as the<br>basis for liability and to contributory fault.32-03.2-02. Modified comparative fault. Contributory fault does not bar recovery in anaction by any person to recover damages for death or injury to person or property unless the fault<br>was as great as the combined fault of all other persons who contribute to the injury, but any<br>damages allowed must be diminished in proportion to the amount of contributing fault attributable<br>to the person recovering. The court may, and when requested by any party, shall direct the jury<br>to find separate special verdicts determining the amount of damages and the percentage of fault<br>attributable to each person, whether or not a party, who contributed to the injury. The court shall<br>then reduce the amount of such damages in proportion to the amount of fault attributable to the<br>person recovering. When two or more parties are found to have contributed to the injury, the<br>liability of each party is several only, and is not joint, and each party is liable only for the amount<br>of damages attributable to the percentage of fault of that party, except that any persons who act<br>in concert in committing a tortious act or aid or encourage the act, or ratifies or adopts the act for<br>their benefit, are jointly liable for all damages attributable to their combined percentage of fault.<br>Under this section, fault includes negligence, malpractice, absolute liability, dram shop liability,<br>failure to warn, reckless or willful conduct, assumption of risk, misuse of product, failure to avoid<br>injury, and product liability, including product liability involving negligence or strict liability or<br>breach of warranty for product defect.32-03.2-02.1.Automobile accident damage liability.Notwithstanding section32-03.2-02, in an action by any person to recover direct and indirect damages for injury to<br>property, the damages may not be diminished in proportion to the amount of contributing fault<br>attributable to the person recovering, or otherwise, if:1.The person seeking damages is seeking property damages resulting from a motor<br>vehicle accident in which two persons are at fault;2.The person seeking damages is seeking to recover direct physical property<br>damages of not more than five thousand dollars and indirect physical property<br>damages not to exceed one thousand dollars; and3.The percentage of fault of the person against whom recovery is sought is over fifty<br>percent.This section applies regardless as to whether the person seeking direct and indirect damages for<br>injury to property also seeks damages for personal injury, however, damages for personal injury<br>are not available under this section.32-03.2-03.Pure comparative fault - Product liability actions.Repealed byS.L. 1993, ch. 324, </p>
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