32-12.1-03. Liability of political subdivisions - Limitations. (Effective through June 30,

1,696 words·~8 min read·/nd/title-32/chapter-32-12-1-governmental-liability/32-12-1-03·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

2026)

1. Each political subdivision is liable for money damages for injuries when the injuries are

proximately caused by the negligence or wrongful act or omission of any employee

acting within the scope of the employee's employment or office under circumstances in

which the employee would be personally liable to a claimant in accordance with the

laws of this state, or injury caused from some condition or use of tangible property, real

or personal, under circumstances in which the political subdivision, if a private person,

would be liable to the claimant. The enactment of a law, rule, regulation, or ordinance

to protect any person's health, safety, property, or welfare does not create a duty of

care on the part of the political subdivision, its employees, or its agents, if that duty

would not otherwise exist.

2. The liability of political subdivisions under this chapter is limited to a total of four

hundred sixty-eight thousand seven hundred fifty dollars per person and one million

eight hundred seventy-five thousand dollars for any number of claims arising from any

single occurrence regardless of the number of political subdivisions, or employees of

such political subdivisions, which are involved in that occurrence. A political

subdivision may not be held liable, or be ordered to indemnify an employee held liable,

for punitive or exemplary damages. 3. A political subdivision or a political subdivision employee may not be held liable under

this chapter for any of the following claims:

a. A claim based upon an act or omission of a political subdivision employee

exercising due care in the execution of a valid or invalid statute or regulation.

b. The decision to undertake or the refusal to undertake any legislative or

quasi-legislative act, including the decision to adopt or the refusal to adopt any

statute, charter, ordinance, order, regulation, resolution, or resolve.

c. The decision to undertake or the refusal to undertake any judicial or quasi-judicial

act, including the decision to grant, to grant with conditions, to refuse to grant, or

to revoke any license, permit, order, or other administrative approval or denial.

d. The decision to perform or the refusal to exercise or perform a discretionary

function or duty, whether or not such discretion is abused and whether or not the

statute, charter, ordinance, order, resolution, regulation, or resolve under which

the discretionary function or duty is performed is valid or invalid.

e. Injury directly or indirectly caused by a person who is not employed by the

political subdivision.

f. A claim relating to injury directly or indirectly caused by the performance or

nonperformance of a public duty, including:

(1)Inspecting, licensing, approving, mitigating, warning, abating, or failing to so

act regarding compliance with or the violation of any law, rule, regulation, or

any condition affecting health or safety.

(2)Enforcing, monitoring, or failing to enforce or monitor conditions of

sentencing, parole, probation, or juvenile supervision.

(3)Providing or failing to provide law enforcement services in the ordinary

course of a political subdivision's law enforcement operations.

(4)Providing or failing to provide fire protection services in the ordinary course

of a political subdivision's fire protection operations.

g. "Public duty" does not include action of the political subdivision or a political

subdivision employee under circumstances in which a special relationship can be

established between the political subdivision and the injured party. A special

relationship is demonstrated if all of the following elements exist:

(1)Direct contact between the political subdivision and the injured party.

(2)An assumption by the political subdivision, by means of promises or actions,

of an affirmative duty to act on behalf of the party who allegedly was injured.

(3)Knowledge on the part of the political subdivision that inaction of the political

subdivision could lead to harm.

(4)The injured party's justifiable reliance on the political subdivision's

affirmative undertaking, occurrence of the injury while the injured party was

under the direct control of the political subdivision, or the political subdivision

action increases the risk of harm. 4. This chapter does not obligate political subdivisions for an amount that is more than

the limitations upon liability imposed by this chapter. Subject to this chapter, any

payments to persons constitute payment in full of any compromised claim or judgment

or any final judgment under this chapter. 5. Notwithstanding this chapter, a political subdivision or its insurance carrier is not liable

for any claim arising out of the conduct of a ridesharing arrangement, as defined in

section 8-02-07. 6. A political subdivision is not liable for any claim based on an act or omission in the

designation, repair, operation, or maintenance of a minimum maintenance road if that

designation has been made in accordance with sections 24-07-35 through 24-07-37

and if the road has been maintained at a level to serve occasional and intermittent

traffic.

7. Any party to an action against a political subdivision or a political subdivision employee

acting within the scope of employment as defined in this chapter shall comply with

applicable rules of civil procedure when requesting documents or other information in

the possession or control of the political subdivision. Liability of political subdivisions - Limitations. (Effective after June 30, 2026) 1. Each political subdivision is liable for money damages for injuries when the injuries are