§ 28-01-18 — Actions having two-year limitations

North Dakota § 28-01-18

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-01: Time for Commencing Actions

Text

Except as provided in section 28-01-25.2, the following actions must be commenced within
two years after the claim for relief has accrued:
1. An action for libel, slander, assault, battery, or false imprisonment.
2. An action upon a statute for a forfeiture or penalty to the state.
3. An action for the recovery of damages resulting from malpractice; provided,
however, that the limitation of an action against a physician or licensed hospital
will not be extended beyond six years of the act or omission of alleged
malpractice by a nondiscovery thereof unless discovery was prevented by the
fraudulent conduct of the physician or licensed hospital. This limitation is subject
to the provisions of section 28-01-25.
4. An action for injuries done to the person of another, when death ensues from
such injuries, and the claim for relief must be deemed to have accrued at the time
of the death of the party injured; provided, however, that when death ensues as
the result of malpractice, the claim for relief is deemed to have accrued at the
time of the discovery of the malpractice. However, the limitation will not be
extended beyond six years of the act or omission of alleged malpractice by a
nondiscovery thereof unless discovery was prevented by the fraudulent conduct
of the physician or hospital.
5. An action for recovery of damages arising under chapter 5-01, and the claim for
relief is deemed to have accrued at the time of the alleged offense. This limitation
does not apply to any claim for relief existing at the time of the enactment of this
subsection.