North Dakota Dog Bite Settlement Calculator & Compensation

Overview: How Dog Bite Claims Work in North Dakota

Unlike many states with strict liability laws (where dog owners are automatically responsible for bites), North Dakota follows the “one-bite” and negligence rule.

This means a dog owner is only liable if:

• The dog has shown prior signs of aggression, or
• The owner was negligent, such as letting the dog run off-leash or failing to secure their property.

In short, to win a dog bite case in North Dakota, you must prove the owner knew or should have known the dog was dangerous and did not act reasonably to prevent harm.

The Legal Foundation Behind the Calculator

The calculator is based on North Dakota Century Code § 32-03.2-02, which establishes the Modified Comparative Fault rule.

Under this rule:

• Victims who are less than 50% at fault can still recover damages, reduced by their share of responsibility.
• If the victim’s fault is 50% or more, they cannot recover any compensation.

For example:
If you’re found 20% at fault (say you startled the dog), and your total damages are $100,000, your compensation would be reduced to $80,000.

How the North Dakota Dog Bite Settlement Calculator Works

This calculator helps estimate the potential settlement value by factoring in the following categories:

1. Liability Factors

Determines whether you’re eligible for full compensation or only limited recovery.

• Dog’s Prior History: Has the dog bitten before? Even growling or snapping counts.
• Owner Negligence: Was the owner careless (off-leash, broken fence, or encouraging aggression)?

If neither is present, your claim might only cover economic damages (like medical bills), not pain and suffering.

2. Victim & Incident Details (Comparative Fault)

Adjusts the compensation based on your involvement in the incident.

• Age of Victim: Children and elderly victims often receive higher multipliers due to vulnerability.
• Location: Were you invited, on public property, or trespassing?
• Provocation Status: Unprovoked bites yield higher settlements; provocation reduces value.
• Gender: Adds a minor statistical adjustment (some studies link higher scarring sensitivity among women).

3. Injury Details

Measures medical severity using the Dunbar Scale, ranging from Level 1 (minor) to Level 6 (fatal).

• Injury Site: Facial injuries score higher due to visibility and potential disfigurement.
• Type of Injury: Broken bones, nerve damage, or permanent scarring raise compensation.
• Physical and Psychological Impact: PTSD, anxiety, or disability significantly increase payouts.

4. Economic Damages

Includes all financial losses:

• Past and future medical expenses
• Lost wages and earning capacity
• Property damage (e.g., torn clothes, damaged glasses)
• Limited by the dog owner’s insurance policy cap, if any

Example Calculation

Scenario:

• Victim: 10-year-old child (0.3 multiplier)
• Dog: Previously growled and off-leash (0.2 + 0.3 multipliers)
• Bite: Deep punctures to the face (4.0 + 0.8 multipliers)
• Medical expenses: $12,000
• No fault by victim
• Insurance limit: $100,000

Result:

• Economic damages: $12,000
• Pain and suffering: $12,000 × 4.0 × (1 + combined multipliers) ≈ $70,000
• Estimated total: around $82,000, capped at $80,000–$100,000 depending on policy limits.

The calculator automatically adjusts these values and applies any comparative fault reductions or policy caps.

The “50% Fault Bar” Rule

If the calculator detects you were 50% or more at fault — for example, if you were trespassing or provoking the dog — it shows a legal warning:

“Recovery is barred under N.D.C.C. § 32-03.2-02. You cannot recover damages if your fault is 50% or greater.”

This feature reflects how real courts apply the law, ensuring the estimate stays realistic and legally grounded.

Economic vs. Non-Economic Damages

Severe or permanent injuries — especially to children or the face — tend to yield the highest settlements.

Why Use a Dog Bite Settlement Calculator?

The calculator helps victims:

• Estimate potential claim value before contacting an attorney
• Understand how liability and comparative fault affect outcomes
• Compare different “what-if” scenarios, like with vs. without negligence
• Learn how insurance caps might limit payouts

It’s an educational tool that blends North Dakota law with real-world injury valuation factors to offer a clear, practical estimate.

Legal Note

This calculator gives a rough educational estimate — not legal advice. Actual settlements depend on:

• Evidence of negligence
• Severity and permanency of injuries
• Quality of documentation (medical, witness statements, police reports)
• Negotiation skill or attorney representation

Consult a North Dakota personal injury attorney for a detailed legal evaluation.