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Increases in Statutory caps
Over the last few biennia, NDAJ has worked to increase caps. below are the gradual increases that have been passed.
CHAPTER 32-12.1 GOVERNMENTAL LIABILITY
32-12.1-03. Liability of political subdivisions - Limitations. (Effective through July 31, 2027)
On July 1, 2023, a total of four hundred six thousand two hundred and fifty dollars per person and one million six hundred twenty-five thousand dollars for any single occurrence.
b. On July 1, 2024, a total of four hundred thirty-seven thousand five hundred dollars per person and one million seven hundred fifty thousand dollars for any single occurrence.
c. On July 1, 2025, a total of four hundred sixty-eight thousand seven hundred fifty dollars per person and one million eight hundred seventy-five thousand dollars per occurrence.
d. On July 1, 2026, a total of five hundred thousand dollars per person and two million dollars per occurrence.
CHAPTER 32-12.2 CLAIMS AGAINST THE STATE
32-12.2-02. Liability of the state - Limitations - Statute of limitations. (Effective through July 31, 2027)
a. On July 1, 2023, a total of four hundred six thousand two hundred and fifty dollars per person and one million six hundred twenty-five thousand dollars for any single occurrence.
b. On July 1, 2024, a total of four hundred thirty-seven thousand five hundred dollars per person and one million seven hundred fifty thousand dollars for any single occurrence.
c. On July 1, 2025, a total of four hundred sixty-eight thousand seven hundred fifty dollars per person and one million eight hundred seventy-five thousand dollars per occurrence.
d. On July 1, 2026, a total of five hundred thousand dollars per person and two million dollars per occurrence.
** This section has a bill draft to fix the liability after 7/31/27 at $500,000 / $2,000,000 permanently in the 2025 legislative session **
CHAPTER 32-03.3-02. LIABILITY OF CHARITABLE ORGANIZATIONS - LIMITATIONS - STATUTE OF LIMITATIONS
32-03.3-02. Liability of charitable organizations - Limitations - Statute of limitations. (Effective through June 30, 2029)
1. A charitable organization may be only held liable for money damages for a personal injury or property damage proximately caused by the negligence or wrongful act or omission of an employee acting within the employee's scope of employment.
2. The liability of the charitable organization under this chapter is limited to a total of three hundred seventy-five thousand dollars per person and one million dollars for any number of claims arising from any single occurrence. The charitable organization may not be held liable, or be ordered to indemnify an employee held liable, for punitive or exemplary damages. The liability limits under this subsection must be adjusted annually as follows:
a. On July 1, 2025, a total of four hundred six thousand two hundred fifty dollars per person and one million six hundred twenty-five thousand dollars for any single occurrence.
b. On July 1, 2026, a total of four hundred thirty-seven thousand five hundred dollars per person and one million seven hundred fifty thousand dollars for any single occurrence.
c. On July 1, 2027, a total of four hundred sixty-eight thousand seven hundred fifty dollars per person and one million eight hundred seventy-five thousand dollars per occurrence.
3. An action brought under this chapter must be commenced within the period provided in chapter 28-01.
Liability of charitable organizations - Limitations - Statute of limitations. (Effective after June 30, 2029)
1. A charitable organization may be only held liable for money damages for a personal injury or property damage proximately caused by the negligence or wrongful act or omission of an employee acting within the employee's scope of employment.
2. The liability of the charitable organization under this chapter is limited to a total of five hundred thousand dollars per person and two million dollars for any number of claims arising from any single occurrence. The charitable organization may not be held liable, or be ordered to indemnify an employee held liable, for punitive or exemplary damages.
3. An action brought under this chapter must be commenced within the period provided in chapter 28-01.