North Dakota § 23-36-08 Limitation on liability

North Dakota Statutes

§ 23-36-08 — Limitation on liability

North Dakota § 23-36-08

Title 23Health and Safety

Ch. 23-36Rabies Control

This text of North Dakota § 23-36-08 (Limitation on liability) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 23-36-08 (2026).

Text

Subject to any other requirements of section 32-12.2-02, the owner of an animal may bring a claim for money damages, and may recover an amount up to the replacement value of the animal, if the owner establishes that before the animal was seized and tested for rabies under this chapter, the department, knew or recklessly failed to determine that the animal, at the time of the exposure, was lawfully owned and licensed and that:

1.The animal had not bitten, scratched, or otherwise possibly exposed another animal or an individual to rabies; or

2.The animal was a domestic animal and there was not probable cause to believe the animal was rabid.

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Subject to any other requirements of section 32-12.2-02, the owner of an animal may bring
a claim for money damages, and may recover an amount up to the replacement value of the
animal, if the owner establishes that before the animal was seized and tested for rabies under
this chapter, the department, knew or recklessly failed to determine that the animal, at the time
of the exposure, was lawfully owned and licensed and that:
1. The animal had not bitten, scratched, or otherwise possibly exposed another animal or
an individual to rabies; or
2. The animal was a domestic animal and there was not probable cause to believe the
animal was rabid.