What Is the Statute of Limitations for Slip and Fall in North Dakota?

If you slipped and fell on someone else's property in North Dakota, you may have a valid personal injury claim. But there is a hard deadline to file — and missing it almost always means losing your right to any compensation. Understanding the statute of limitations is the first step toward protecting yourself.

How Long Do You Have to File a Slip and Fall Lawsuit in North Dakota?

North Dakota gives most personal injury plaintiffs six years to file a lawsuit. This is governed by North Dakota Century Code § 28-01-16, which covers personal injury actions. Compared to many other states — where the window is just two or three years — North Dakota is relatively generous. But six years can pass faster than you expect, especially when you factor in medical treatment, insurance negotiations, and evidence gathering.

The clock generally starts ticking on the date of the accident — the day you slipped and fell.

What Happens If You Miss the Deadline?

If you file your lawsuit after the six-year window closes, the defendant (the property owner or their insurance company) will almost certainly ask the court to dismiss your case. In nearly all situations, the court will grant that request. You lose your right to sue, no matter how strong your evidence may be.

This is why it is critical to consult with an attorney well before the deadline — not on the last day.

Are There Exceptions That Could Change Your Deadline?

Yes. Several situations can pause ("toll") or shorten the standard six-year window:

• The discovery rule: If your injury was not immediately apparent, the clock may start when you discovered — or reasonably should have discovered — the injury rather than the date of the fall itself.
• Minors: If the injured person was under 18 at the time of the fall, the statute of limitations may be tolled until they turn 18. Confirm the exact rules with an attorney.
• Mental incapacity: If the injured party was legally incapacitated at the time of the accident, the deadline may be extended.
• Government property: If you fell on property owned or operated by a city, county, or state agency, different and shorter deadlines apply. You may be required to file a formal notice of claim within as few as 90 days of the injury before you can even file a lawsuit. Missing this notice requirement can bar your claim entirely.
• Defendant leaving the state: If the at-fault party leaves North Dakota after the accident, the time they are absent may not count toward the limitation period.

Because these exceptions are complex, do not assume a longer timeline applies to your case without professional guidance.

North Dakota's Comparative Fault Rules

North Dakota follows a modified comparative fault system under N.D.C.C. § 32-03.2-02. This means:

• You can still recover compensation even if you were partially at fault for your fall.
• However, if you are found 50% or more at fault, you are barred from recovering any damages.
• If you are less than 50% at fault, your compensation is reduced by your percentage of fault.

For example, if a jury finds you were 20% responsible because you were looking at your phone, and your total damages were $50,000, you would recover $40,000.

Property owners and their insurers will often try to shift blame onto the injured person. Having solid evidence and an attorney to push back matters.

Steps to Take After a Slip and Fall in North Dakota

Taking the right steps early protects both your health and your legal claim:

1. Seek medical attention immediately — even if you feel fine. Some injuries, like soft-tissue damage or concussions, appear hours or days later.
2. Report the incident to the property owner or manager and ask for a written incident report.
3. Document everything — photograph the hazard, your injuries, your clothing and footwear, and the surrounding area.
4. Gather witness information — names and contact details of anyone who saw the fall.
5. Avoid giving recorded statements to insurance adjusters before consulting an attorney.
6. Contact a personal injury attorney — the sooner, the better. Evidence disappears, surveillance footage gets erased, and witnesses become harder to locate.

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Frequently Asked Questions

Does the six-year statute of limitations apply if I fell on city property in North Dakota?

No — government claims work differently. If you were injured on city, county, or state-owned property, you likely must file a notice of claim within a much shorter window (often 90 days). Missing this step can permanently end your ability to recover compensation. Talk to an attorney as soon as possible if a government entity is involved.

What if I did not realize I was hurt until weeks after the fall?

The discovery rule may apply, meaning the clock could start when you knew or should have known about your injury. However, this is decided case by case, and you should not count on this exception without confirming it with a licensed attorney in North Dakota.

Can I still file a claim if I was partly to blame for my fall?

Possibly, yes. North Dakota's modified comparative fault rule allows you to recover damages as long as you were less than 50% at fault. Your recovery would be reduced by your share of fault. An attorney can help evaluate how fault might be assigned in your specific situation. Connect with our intake team to explore your options.

Does North Dakota cap damages in slip and fall cases?

For most private-party slip and fall cases, North Dakota does not impose a cap on compensatory damages (medical bills, lost wages, pain and suffering). However, claims against government entities may face damage limitations — confirm the specifics with your attorney.

How much does it cost to hire a slip and fall attorney in North Dakota?

Most personal injury attorneys in North Dakota work on a contingency fee basis, meaning you pay nothing upfront and the attorney only gets paid if you win. Fee percentages vary — confirm the arrangement before signing any agreement.

Time is the one thing you cannot get back in a personal injury case. Even with a six-year window, the strongest cases are built on fresh evidence, clear medical records, and early legal guidance.

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