North Dakota Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options

From the oil fields of Williston to the power plants of Mandan and Center, from the grain elevators of Fargo to the missile sites scattered across the Peace Garden State, North Dakota's energy and agricultural economy created numerous opportunities for asbestos exposure. Our comprehensive database documents 283 asbestos exposure sites across 69 North Dakota communities—from the Standard Oil refineries that powered America's midwest to the Minuteman missile installations that defended the nation during the Cold War.

North Dakota offers unique legal protections for mesothelioma families. The state has a generous six-year statute of limitations that begins from discovery of your illness, not from exposure, and allows full recovery of both economic and noneconomic damages. North Dakota's courts understand the challenges of proving exposure in rural and remote industrial settings and consistently protect workers' rights.

Time is important but less urgent than in other states. North Dakota's six-year discovery rule means your family has until six years after learning your illness was caused by asbestos exposure to file a claim. Don't let corporate defendants benefit from delay—your family deserves experienced advocates who understand both North Dakota's unique industrial history and its favorable legal environment.

This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn't realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.

— Firm Founder, Justinian Lane

If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS

North Dakota Asbestos Law Summary

North Dakota Asbestos Law Details

North Dakota asbestos lawsuits follow a unique mix of rules shaped by statutory reforms and judicial precedent. The state applies a discovery rule for both personal injury and wrongful death claims, giving mesothelioma patients and their families time to act after diagnosis. North Dakota uses a modified comparative fault system, does not impose caps on compensatory damages, and permits punitive damages in certain cases. Joint liability is generally abolished, but claimants may still seek full recovery from parties who acted in concert. These laws make it possible for families affected by asbestos exposure to pursue justice—often decades after the exposure occurred.

Statutes of Limitation and Repose

North Dakota applies a discovery rule to most personal injury and wrongful death claims. For mesothelioma or other asbestos-related injuries, the limitations period begins when the injury is discovered or reasonably should have been discovered with due diligence.

• Personal Injury Claims: Must generally be filed within six years from the date the claim accrues (N.D. Cent. Code § 28-01-16).

• Wrongful Death: Must be filed within two years of accrual (N.D. Cent. Code § 28-01-18(4)).

• Tolling for Minors/Disabilities: Tolling applies, but extensions are capped at five years, except for infancy, which may allow up to twelve years in malpractice cases (N.D. Cent. Code §§ 28-01-25, 28-01-25.1).

Eligibility to Sue

Individuals diagnosed with mesothelioma or another asbestos-related disease may file a personal injury lawsuit. In wrongful death cases, North Dakota permits claims by the surviving spouse, children, parents, grandparents, custodian, or personal representative in a statutory order (N.D. Cent. Code § 32-21-03). If a person higher in priority refuses to act within 30 days of demand, the next person in line may bring the claim.

Workers’ Compensation Limitations

North Dakota generally bars common law suits against employers who participate in the workers’ compensation system (N.D. Cent. Code §§ 65-04-28, 65-05-06). However:

• Employers may still be sued for intentional injuries or fraudulent payroll misrepresentations (N.D. Cent. Code §§ 65-09-02, 65-04-33(2)).

• Third-party lawsuits remain available, and an employee can both receive workers’ compensation benefits and sue a third party, subject to subrogation by the compensation fund (N.D. Cent. Code § 65-01-09).

• The “dual capacity” doctrine is not recognized—employees cannot sue employers under a product liability theory (e.g., for supplying defective equipment) if workers' comp applies (Schlenk v. Aerial Contractors).

Damages and Caps

North Dakota permits recovery of both economic and noneconomic damages in asbestos-related cases (N.D. Cent. Code § 32-03.2-04).

• Economic Damages: Fully recoverable, including medical bills, rehabilitation, lost earnings, household services, and support. However, recovery is limited to the actual cost of services furnished or reasonably certain to be required in the future.

• Noneconomic Damages: Fully recoverable for pain and suffering, emotional distress, disfigurement, and loss of companionship.

• Punitive (Exemplary) Damages: Available upon clear and convincing evidence of fraud, oppression, or actual malice. Capped at 2x compensatory damages or $250,000, whichever is greater (N.D. Cent. Code § 32-03.2-11(4)). Special limits apply in product liability cases unless federal safety standards were knowingly violated or concealed.

Comparative Fault and Joint Liability

North Dakota follows a modified comparative fault rule (N.D. Cent. Code § 32-03.2-02):

• Plaintiffs can recover damages as long as their share of fault is less than 50%.

• Any recovery is reduced in proportion to the plaintiff’s fault.

• The doctrine of assumption of risk has been abolished as a standalone defense.

The state has abolished joint liability in most cases:

• Defendants are typically severally liable only for their share of fault.

• Joint liability applies only when defendants acted in concert (N.D. Cent. Code § 32-03.2-02(1)).

Collateral Source Rule

North Dakota law does not follow the traditional collateral source rule. Economic damages must be reduced by amounts received from collateral sources (N.D. Cent. Code § 32-03.2-06), unless:

• The payments came from life insurance, death or retirement benefits, or insurance purchased by the plaintiff.

• This includes insurance bought for a minor by a parent.

Courts may apply these reductions after trial, upon request by the paying party.

Standards of Proof and Causation

To win an asbestos-related case, the plaintiff must prove that the defendant’s actions were both the cause-in-fact and proximate cause of the injury. Proximate cause is defined as a cause that, in natural and continuous sequence, produces the injury and without which it would not have occurred (Krueger v. Grand Forks Cnty., 2014 ND 170).

• Expert Testimony is not required to establish ordinary negligence, but likely necessary in asbestos and mesothelioma cases due to the complexity of causation (especially for exposure history or latency periods).

• North Dakota has not formally adopted the Daubert or Frye standard. Courts evaluate reliability and relevance under state precedent but are not bound by federal rules (e.g., Wasem v. Laskowski, 274 N.W.2d 219 (1979)).

• The doctrine of res ipsa loquitur may allow the jury to infer negligence if (1) the accident is of a type that ordinarily doesn’t happen absent negligence; (2) the defendant had exclusive control; and (3) the plaintiff didn’t contribute to the harm (Silliman v. Dirkzwager, 2011 ND 54).

Wrongful Death and Survival Actions

North Dakota allows wrongful death claims for asbestos-related deaths if the decedent could have brought a personal injury claim had they lived (N.D. Cent. Code § 32-21-01). The right to sue follows a statutory order of priority. Damages may include:

• Mental anguish

• Loss of society and companionship

• Funeral expenses

• Economic losses (lost income, support)

How North Dakota’s Laws Work in Practice

Meet Harold, a 75-year-old retired oilfield mechanic from Williston. From the 1960s through the late 1980s, he worked at various drilling sites across western North Dakota, regularly cutting and replacing asbestos-insulated gaskets and valves. In April 2024, Harold was diagnosed with pleural mesothelioma after experiencing persistent shortness of breath and chest pain.

Because North Dakota applies the discovery rule, Harold’s six-year statute of limitations began in April 2024—when he first learned his illness was linked to past asbestos exposure (N.D. Cent. Code § 28-01-16). He has until April 2030 to file a personal injury lawsuit. If he were to pass away, his wrongful death claim would need to be filed within two years of his death (N.D. Cent. Code § 28-01-18(4)).

Harold’s legal team will need to prove that a specific company’s product was a proximate cause of his illness. In mesothelioma cases, that typically involves expert testimony on product identification, fiber release, and disease latency. While North Dakota hasn’t formally adopted Daubert or Frye, trial courts scrutinize expert reliability and may exclude unsupported or speculative opinions.

North Dakota uses modified comparative fault, so Harold can still recover damages even if he’s partially at fault—as long as his share of fault is less than 50% (N.D. Cent. Code § 32-03.2-02). His total compensation will be reduced in proportion to his assigned fault. If a jury finds he ignored available respirators, for example, his award may be reduced, but not eliminated.

Because the state has abolished joint liability, each defendant will only be responsible for their assigned share of fault. If a supplier that contributed to Harold’s exposure is bankrupt or missing from the case, that portion of the fault may go unrecovered unless another defendant acted in concert with them.

If Harold prevails, he can recover both economic damages (such as medical bills and lost income) and noneconomic damages (like pain and suffering) without any statutory cap. However, North Dakota requires those economic damages to be reduced by collateral source payments—such as insurance—unless the policy was purchased by Harold himself (N.D. Cent. Code § 32-03.2-06).

Harold’s legal team may also consider seeking punitive damages if a defendant’s conduct was especially egregious—such as knowingly selling asbestos products without warnings. But the burden of proof is high: they must show clear and convincing evidence of malice, fraud, or oppression, and the award is capped at 2x compensatory damages or $250,000, whichever is greater (N.D. Cent. Code § 32-03.2-11(4)).

This is a hypothetical example based on real North Dakota laws. Every case is unique. If you or a loved one has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how North Dakota law may apply to your situation.

Why Choose Our Firm to Handle Your Family's North Dakota Mesothelioma Case?

Our proprietary database contains detailed records of 283 asbestos exposure sites across 69 North Dakota communities—from the oil refineries of Mandan to the power plants throughout the state and the military installations that protected America. While other firms spend months investigating your exposure history, we often know within days which companies owe you compensation.

The Result? Faster trust claims, stronger lawsuits, and maximum recovery for your North Dakota family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

North Dakota Database Highlights:

If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your family today. Here's how:

Asbestos Trust Claims

Hundreds of companies have set aside billions specifically for asbestos victims. These claims often resolve faster than lawsuits and don't require going to court. Our North Dakota database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from the power plants that electrified the region to the agricultural facilities that fed America.

For example, if you worked at facilities where our database shows Quigley Company products were installed, we can file your Quigley Company Asbestos Trust claim immediately. While other firms would spend months investigating whether Quigley refractory materials were present at your workplace, we've already done that detective work. We can potentially recover $200,000 to $450,000 for mesothelioma cases from Quigley.

Asbestos Lawsuits

You can hold companies accountable through North Dakota's favorable court system. Our database strengthens your case with documented evidence and court precedents from North Dakota worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like the Mandan refineries and the state's power generation plants.

Our database contains detailed records from North Dakota's unique industrial sites, including testimony about which defendants' products were used in extreme weather conditions and remote installations. This gives us crucial evidence about product failures and safety violations specific to North Dakota's harsh operating environment.

Asbestos Disability Claims

Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our specialized military database is particularly powerful for veterans. North Dakota's extensive military presence, especially at Minot Air Force Base and the missile installations, means many residents have potential VA claims from service at defense facilities.

Our military records are especially valuable for veterans who served at North Dakota's military installations or worked on defense projects throughout the state, helping prove exposure that gets VA claims approved faster.

Learn more about the legal options available to your family

Ready to Pursue Your North Dakota Mesothelioma Case?

Whether you were exposed to asbestos at the Mandan refineries, power plants throughout the state, Minot Air Force Base, or any of North Dakota's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.

Why Time Matters in North Dakota:

• Six-year filing deadline from diagnosis under North Dakota's generous discovery rule

• Multiple trust claims may be available beyond your lawsuit

• No caps on damages in North Dakota

• Modified comparative fault means you can recover if less than 50% at fault

• Evidence preservation becomes more difficult as time passes, especially for remote energy and agricultural sites

What We'll Do for Your North Dakota Family:

• Free case evaluation to determine all available compensation sources

• Immediate trust claim filings using our proprietary database of North Dakota exposure sites

• Aggressive lawsuit preparation against manufacturers and premises owners

• Strategic use of North Dakota's generous statute of limitations and favorable damage rules

Get started today. Our North Dakota mesothelioma team understands the unique industrial heritage of the Peace Garden State and is ready to put that expertise to work for your family.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS