North Dakota Code 36-11-07 – Liability of owners of livestock injuring persons or property of others
1. The owner or possessor of any livestock that inflicts damage or injury to:
Terms Used In North Dakota Code 36-11-07
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
a. Motor vehicles or their occupants upon a public highway within a grazing area in which proper signs, approved by the director of the department of transportation, indicating limited liability are posted at a point adjacent to the highway not less than two hundred feet [60.96 meters] nor more than four hundred feet [121.92 meters] from the entrance of the highway into the grazing area and so posted as to be plainly visible to individuals approaching the entrance; or
b. The crops or other property of another or trespasses upon the lands or premises of another, where the damaged or injured crops, property, lands, or premises are located within a grazing area, except as provided in section 36-11-09, is not liable to any person sustaining damages or injury.
2. For the purpose of this section, a “grazing area” means any area designated as a grazing area by a majority of the board of county commissioners, either upon the motion of one of the commissioners or upon presentation to the board of a petition signed by a majority of the real property owners and tenants in the area in which it is proposed that a grazing area be established. A grazing area must be used primarily for the purpose of grazing livestock and enclosed by a fence or other suitable means.
3. Except as provided above, the owner or possessor of any livestock that inflicts damage to the crops or other property of another or which trespasses upon the lands of another, whether the lands are fenced or unfenced, is liable to the persons sustaining the injuries or to the owner of the lands for all damages suffered by the owner, together with the statutory costs of the action to recover damages, and a reasonable attorney’s fee allowed by the court.