North Dakota Slip and Fall Settlement Calculator
Get a rough estimate of what a North Dakota slip-and-fall claim might be worth. Enter your medical bills and losses and answer a few plain questions — the tool weighs how provable the owner's fault is and your share of fault. This is an estimate to understand the factors, not a prediction or an offer.
This is a rough estimate, not a prediction or an offer.
Slip-and-fall claims turn on proving the property owner was at fault — there is no formula that predicts a settlement. This shows the factors and a wide range to help you understand value. Consult a North Dakota premises-liability attorney about your case.
Enter the medical bills and losses to see an estimated range
The multiplier method is a rough starting point, not a guarantee. Slip-and-fall value depends most on proving the owner's fault and on the available insurance. An attorney is the only way to value your specific claim. This tool is not legal advice and RecordingLaw.com is not a law firm.
How the Estimate Works
No tool can predict a slip-and-fall settlement. This calculator applies the multiplier method (pain and suffering as a multiple of your medical bills), then does something the thin online calculators skip: it weighs how provable the owner's fault is. A spill the staff caused or knew about is worth far more than a hazard nobody can show the owner knew about. It then estimates your own comparative fault from a few plain questions and applies North Dakota's rules.
Proving the Owner Was at Fault
Premises liability has four parts: a dangerous condition existed, the owner knew or should have known about it, they failed to fix it or warn you, and that caused your injury. The middle part — notice — is where most slip-and-fall cases are won or lost. Strong evidence (an incident report, photos of the hazard, surveillance video, cleaning and maintenance logs, prior complaints) is what turns a claim from a token offer into real money. A posted warning sign or cone works against you: it shows the owner did warn, and it makes the hazard "open and obvious," shifting fault onto you.
North Dakota Premises-Liability Rules
Open-and-obvious hazards. In North Dakota, an open-and-obvious hazard is only a comparative-fault factor (it reduces, not bars). North Dakota does NOT treat an open-and-obvious hazard as an automatic bar to the landowner's duty. In Groleau v. Bjornson Oil Co., 2004 ND 55, 676 N.W.2d 763, the North Dakota Supreme Court adopted the Restatement (Second) of Torts § 343A approach: although a possessor's duty to protect or warn is limited where a danger is known or obvious to the entrant, the possessor is NOT relieved of the duty of reasonable care when it has reason to anticipate that the entrant will encounter the condition despite its obviousness (e.g., because the entrant's attention may be distracted, or the advantages of encountering it outweigh the apparent risk). Obviousness and any "distracting circumstances" are weighed within North Dakota's modified-comparative-fault scheme (N.D.C.C. ch. 32-03.2) rather than serving as a no-duty cutoff. The underlying single reasonable-care standard for lawful entrants traces to O'Leary v. Coenen, 251 N.W.2d 746 (N.D. 1977).
Ice and snow. North Dakota's duty for ice and snow is split or conditional — it can depend on factors like an ongoing storm, the type of property, or whether the owner worsened a natural accumulation. North Dakota applies a LIMITED natural-accumulation rule, not a blanket no-duty rule. For ordinary occupied premises — e.g., a sidewalk, entrance, or stairs abutting a building — the court applies the ordinary reasonable-care standard (Restatement (Second) of Torts §§ 343, 343A) rather than categorically immunizing the owner for natural ice/snow: Groleau v. Bjornson Oil Co., 2004 ND 55. The Supreme Court more recently confirmed the natural-accumulation (no-duty) rule DOES apply in narrow circumstances — a remote, rural oil-well site, where it is unreasonable to expect continuous clearing — but answered that the rule does NOT apply where snow or ice conceals a separate, substantially more dangerous condition (there, a hole), in which case ordinary duty/foreseeability analysis governs: Papenhausen v. ConocoPhillips Co., 2024 ND 40, 4 N.W.3d 220. Net effect: a landowner generally owes reasonable care for ice/snow on developed, occupied areas, with a carve-out of no duty only for remote/unimproved land — hence "mixed."
Public property. If you fell on government property, North Dakota requires a formal notice of claim — often within about 180 days, much shorter than the normal deadline. For a fall on STATE property/state-employee negligence, N.D.C.C. § 32-12.2-04(1)(a) requires a written notice of claim to the director of the Office of Management and Budget within 180 days after the injury is discovered or reasonably should have been discovered (a death claim may be presented within 1 year; the running of time is tolled while the injured person is incapacitated by the injury, and the notice requirement is waived for claims based on sexual assault/abuse). The 180-day deadline is Note: claims against POLITICAL SUBDIVISIONS (cities/counties) under N.D.C.C. ch. 32-12.1 have NO statewide pre-suit notice-of-claim requirement — only a 3-year statute of limitations (§ 32-12.1-10(1)). Statutory damage caps apply.
Your Fault & the Deadline to File
North Dakota follows modified comparative negligence (50% bar). Your award is reduced by your share of fault, and you recover nothing once you are 50% or more at fault.
N.D. Cent. Code § 32-03.2-02 (modified comparative fault). A claimant's damages are diminished by their percentage of fault, and recovery is BARRED when the claimant's contributing fault is "as great as" the combined fault of all other parties — i.e., barred at 50% or more (the "not as great as" standard). A plaintiff exactly 50% at fault recovers nothing; at 49% they recover 51% of damages. Liability among multiple defendants is several only (each pays its own % share), not joint, except for those who act in concert.
North Dakota generally requires a slip-and-fall lawsuit to be filed within 6 years of the fall (the statute of limitations). N.D. Cent. Code § 28-01-16(5): 6 years for injury to the person/rights of another not arising on contract — one of the longest PI SOLs in the U.S. Exceptions: medical malpractice is 2 years from discovery with a 6-year statute of repose; wrongful death is 2 years from death; minors' clock generally tolled until age 18. Source: Groleau v. Bjornson Oil Co., 2004 ND 55, 676 N.W.2d 763 (open-and-obvious; Restatement (Second) of Torts § 343A); Papenhausen v. ConocoPhillips Co., 2024 ND 40, 4 N.W.3d 220 (natural-accumulation rule; concealed-danger exception); O'Leary v. Coenen, 251 N.W.2d 746 (N.D. 1977) (unitary reasonable-care duty); N.D.C.C. § 32-12.2-04 (state notice of claim, 180 days); N.D.C.C. ch. 32-12.1 (political-subdivision liability, no notice requirement, 3-yr SOL); N.D.C.C. § 28-01-16 (6-yr PI SOL).
- Open-and-obvious is NOT a bar in North Dakota. Under Groleau v. Bjornson Oil Co. (2004 ND 55) and Restatement (Second) of Torts § 343A, a landowner still owes reasonable care where it should anticipate harm despite the obvious nature of a hazard; obviousness and distracting circumstances are weighed as comparative-fault factors.
- North Dakota follows a comparative-fault liability system: a plaintiff may recover only if at fault LESS THAN the combined fault of those against whom recovery is sought (modified-50/'not as great as' bar, N.D.C.C. ch. 32-03.2). The personal-injury statute of limitations is 6 years (N.D.C.C. § 28-01-16).
- Ice/snow liability is mixed. The natural-accumulation no-duty rule applies only in narrow settings (e.g., a remote rural oil-well site, Papenhausen v. ConocoPhillips, 2024 ND 40), but for sidewalks, entrances, and stairs abutting buildings the owner owes ordinary reasonable care.
- Even where the natural-accumulation rule applies, it does NOT shield an owner when ice or snow conceals a separate, more dangerous condition (Papenhausen) — ordinary duty/foreseeability analysis then governs.
- Suing a government property owner: claims against the STATE require a written notice of claim within 180 days under N.D.C.C. § 32-12.2-04. Claims against cities/counties under ch. 32-12.1 have no statewide notice requirement but a 3-year SOL, and statutory damage caps apply.
Frequently Asked Questions
How much is my North Dakota slip and fall claim worth?
No one can tell you a number in advance, and slip-and-fall is harder than a car accident because you must prove the owner was at fault. A rough estimate adds your economic damages and a pain-and-suffering multiplier, discounts it by how provable the owner's fault is, and reduces it for your share of fault under North Dakota's modified comparative negligence (50% bar) rule. The available insurance also caps recovery — an attorney is the only way to value your specific case.
Does a "wet floor" sign hurt my North Dakota claim?
Yes, usually. A posted warning shows the owner satisfied part of their duty to warn and makes the hazard "open and obvious," which shifts fault onto you. In North Dakota, an open-and-obvious hazard is only a comparative-fault factor (it reduces, not bars). It reduces — and sometimes defeats — a claim, but not always (a hidden or inadequate sign may not help the owner).
Can I sue for a fall on ice or snow in North Dakota?
It depends. North Dakota's duty for ice and snow is split or conditional — it can turn on factors like an ongoing storm, the property type, or whether the owner made a natural accumulation worse. This is general information, not legal advice — consult a North Dakota attorney.
How long do I have to file in North Dakota?
Generally 6 years from the fall. If you fell on public property, a much shorter notice-of-claim deadline (around 180 days) applies first. N.D. Cent. Code § 28-01-16(5): 6 years for injury to the person/rights of another not arising on contract — one of the longest PI SOLs in the U.S. Exceptions: medical malpractice is 2 years from discovery with a 6-year statute of repose; wrongful death is 2 years from death; minors' clock generally tolled until age 18.
Is this calculator accurate?
It is a rough estimate to show the factors that drive value — not a prediction or an offer. Slip-and-fall outcomes vary enormously and depend on proving fault and on the available insurance. Treat any number here as a ballpark and consult a North Dakota attorney.
Disclaimer
This estimator is for general informational purposes only and is not legal advice or a prediction of any outcome. RecordingLaw.com is not a law firm. The value of a slip-and-fall claim can only be assessed by a licensed attorney reviewing your specific facts.