Alber v. Rodin: North Dakota Upholds Unified “Reasonable Care” Standard
The North Dakota Supreme Court affirmed the dismissal of a premises liability case involving carbon monoxide poisoning.
Affirmed “reasonable care” regardless of status as invitee/licensee.
Plaintiff penalized $54,000 in expert fees for procedural failures.
Winter 2026: The New Framework for North Dakota Icy Sidewalk Liability
Transitioning away from the “natural accumulation rule,” ND now mandates a proactive framework for winter maintenance.
Commercial owners now have an affirmative duty to mitigate risks.
Artificial accumulations carry higher liability risks than natural snow.
Harris v. Oasis Petroleum: Redefining “Prevailing Party” in Injury Law
A landmark decision regarding how litigation costs are recovered in North Dakota’s modified comparative fault system.
Prevailing status is defined by success on legal issues, not fault share.
Victims can recover 100% of costs even with minority fault findings.
Schmidt v. Hess Corp: The “Retained Control” Doctrine Expansion
The Supreme Court expanded potential claims for independent contractors, citing Section 414 of the Restatement of Torts.
Property owners liable if they dictate specific “manner and method” of work.
Strict safety protocols can trigger a direct duty of care to contractors.
Local ND Dealership Reaches $100,000 Settlement Following Slip-and-Fall
A customer sustained a broken leg after falling on a hazardous surface at a local dealership. The case reinforces that businesses are accountable for foreseeable risks, not just obvious hazards.
