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By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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What to do after a burn in North Dakota
The American Burn Association’s directory lists no burn center in North Dakota. It does list ABA-verified centers in neighboring Minnesota. Ask the first hospital where it sends burn patients, and keep copies of records from each place.
Burn depth matters. A second-degree burn reaches the dermis below the outer skin, and a third-degree burn can destroy both layers and look white or charred (Cedars-Sinai).
While you heal:
- Photograph the injury every few days and the scene once.
- Keep the heater, tool, clothing or container involved, untouched.
- Ask for the incident report and the names of coworkers or employees who saw it.
- Request in writing that any video be preserved.
- Hold off on recorded statements to insurers until you get legal advice.
The deadline to file in North Dakota
| Claim | Deadline | Source |
|---|---|---|
| Personal injury not arising on contract | 6 years after the claim accrues | N.D.C.C. 28-01-16(5) |
| Malpractice | 2 years (28-01-18(3)) | N.D.C.C. ch. 28-01 |
| Wrongful death | 2 years (28-01-18(4)) | N.D.C.C. ch. 28-01 |
| Claim against the State | Notice within 180 days after the injury is discovered or reasonably should have been (1 year for serious injury); suit within 3 years | N.D.C.C. 32-12.2-04 |
| Claim against a city, county or other political subdivision | No notice-of-claim step; suit within 3 years | N.D.C.C. 32-12.1-10 |
The two-year limits matter when burn care went wrong or the burn was fatal.
The statute gives malpractice claims a discovery rule with a limit: nondiscovery cannot stretch the deadline past six years from the act, unless the physician or hospital fraudulently prevented discovery (N.D.C.C. 28-01-18(3)). Claims against the State accrue when the injury is discovered or could have been with reasonable diligence (N.D.C.C. 28-01-22.1(2)). Whether a court-made discovery rule reaches other burn claims is not covered here.
For the State, the written notice goes to the director of the Office of Management and Budget (N.D.C.C. 32-12.2-04(1)).
How fault works in North Dakota
North Dakota uses modified comparative fault with a 50% bar. Your fault does not stop recovery “unless the fault was as great as the combined fault of all other persons who contribute to the injury” (N.D.C.C. 32-03.2-02). Liability is several only, so each defendant pays its own share.
Take a renter in Bismarck burned when a space heater ignites her couch. The landlord blames her for setting it too close. If a jury puts her at 20%, the landlord at 50% and the heater maker at 30%, she recovers, and each defendant pays its own percentage. At 50% or more, she recovers nothing.
Free burn injury case review
Tell us what happened. A free case review connects you with a burn injury attorney licensed in your state, usually within one business day.
Damages and caps in North Dakota
| Damages | Rule | Source |
|---|---|---|
| Punitive (exemplary) | Clear and convincing evidence of oppression, fraud or malice; capped at the greater of 2 times compensatory damages or $250,000 | N.D.C.C. 32-03.2-11 |
| Noneconomic damages, health care malpractice | $500,000 total, no matter how many defendants | N.D.C.C. 32-42-02 |
A complaint cannot ask for exemplary damages at the start. The plaintiff has to move to amend, backed by affidavits or deposition testimony. In malpractice trials the jury is not told about the $500,000 cap, and the statute’s text has no inflation adjustment.
Burns at work in North Dakota
If your employer contributes to the WSI fund, you have no claim against the employer or its employees and must look to the fund (N.D.C.C. 65-01-08(1)). The sole exception is an injury caused by the employer’s intentional act “done with the conscious purpose of inflicting the injury” (N.D.C.C. 65-01-01.1).
A worker burned in a flash fire at a well site caused by another company’s equipment can take benefits and also sue that company (N.D.C.C. 65-01-09). WSI is subrogated to 50% of the damages recovered, up to the benefits paid or payable, and holds a lien for 50% up to benefits paid. A settlement does not reduce that interest. WSI pays part of the costs and the worker’s attorney fees on its share.
Burn centers in North Dakota
The ABA directory lists no burn center in North Dakota, and none in South Dakota. These are the ABA-verified centers it lists in neighboring Minnesota:
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| Hennepin Healthcare Burn Center (ABA-verified) | Minneapolis, MN | 715 South 8th Street, Minneapolis, MN 55404 | (612) 873-2912 | Adult & Pediatric |
| Regions Hospital Burn Center (ABA-verified) | Saint Paul, MN | 640 Jackson St, Saint Paul, MN 55101 | (800) 922-2876 | Adult & Pediatric |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
Who may be liable for a burn
More than one party can share the blame. Landlords and property owners answer for wiring, gas appliances and smoke alarms. Contractors and service companies on a job site can be sued by another employer’s worker. Product makers can be responsible for heaters, batteries and fuel containers that fail. Utilities and propane dealers come up after leaks, and restaurants after scalding drinks or fryer accidents.
How Beverly Law helps in North Dakota
Beverly Law is based in California, and its attorneys hold California and Washington licenses. When someone is burned in North Dakota, the firm relies on its referral network of attorneys licensed in North Dakota. Ask for a free case review and you will be connected with a North Dakota-licensed burn injury attorney, usually within one business day.
Related pages
This page is general information about North Dakota law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in North Dakota can tell you how they apply to your case.
Common questions
What is the deadline for a burn lawsuit in North Dakota?
Six years for most personal injury claims under N.D.C.C. 28-01-16(5). Malpractice and wrongful death claims have two years. A claim against the State needs written notice within 180 days after the injury is discovered or reasonably should have been, or one year for a serious injury, and suit within three years.
What if I was partly responsible?
You can still recover if your fault is less than the combined fault of everyone else. At 50% or more, the claim is barred. Each defendant pays only its own share because liability is several.
Is there a cap on punitive damages?
Yes. Exemplary damages may not exceed two times compensatory damages or $250,000, whichever is greater. You need clear and convincing evidence of oppression, fraud or malice, and you must get permission to add the claim after filing.
Is there another way to find a North Dakota lawyer?
The State Bar Association of North Dakota runs a Lawyer Referral & Information Service at 1-866-450-9579 (SBAND). It connects people looking to hire an attorney with private lawyers who may be able to assist with their legal matters.
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Burn injury lawyer — Beverly Law
Burned in North Dakota because of someone else? A free case review connects you with a burn injury attorney licensed in North Dakota, usually within one business day.
Related pages
Sources
- ndlegis.gov/cencode/t28c01.pdf
- ndlegis.gov/cencode/t28c01.pdf
- ndlegis.gov/cencode/t32c12-2.pdf
- ndlegis.gov/cencode/t32c12-1.pdf
- ndlegis.gov/cencode/t32c03-2.pdf
- ndlegis.gov/cencode/t32c42.pdf
- ndlegis.gov/cencode/t65c01.pdf
- communities.sband.org/for-public
- ameriburn.org/burn-care-team/resources/burn-centers/hennepin-healthcare-b
- ameriburn.org/burn-care-team/resources/burn-centers/regions-hospital-burn
- ameriburn.org/burn-care-team/resources/find-a-burn-center
- cedars-sinai.org/health-topics/classification-of-burns
Important: Attorney Advertising. This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Beverly Law is a California firm whose attorneys are licensed in California and Washington; for injuries in other states it works with attorneys licensed there through its referral network. Last reviewed: November 6, 2026.