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| Commentary |
Resources |
Commentary:
North Dakota has a common law discovery doctrine
which provides that the statute of limitations expires 2 years from when
the claimant knows, or with reasonable diligence should know, that a
potential claim exists. For example, in
Peterson v. Hurso, 552 N.W.2d 83 (N.D.
1996), the Court saved the claims of a repressed memory CSA victim,
ruling that the discovery rule should have been applied to child sexual
abuse victim's claim, not more limiting disability tolling provision.
The Court confirmed and clarified its position by stating:
In Osland v. Osland, 442 N.W.2d 907, 909 (N.D.
1989), we affirmed the use of the "discovery rule" to preclude
application of the regular statute-of-limitations period to bar a
sexual-abuse victim's claim after the trial court found the victim
was "unable to fully understand or discover her cause of action
during the applicable statutory limitations period." Under the
discovery rule, as we explained in BASF Corp. v. Symington, 512
N.W.2d 692, 695 (N.D. 1994), the statute of "limitations period does
not begin to run until the claimant knows, or with reasonable
diligence should know, that a potential claim exists.
The statute of limitations for assault and battery
is 2 years from the act or acts constituting assault and battery. ND ST
28-01-18.
There is also a provision that suspends statutes
of limitations until a minor reaches the age of majority ("infancy
tolling"). ND ST 28-01-25. The statute provides that cases suspended for
infancy, must be put in suit within 1 year of the victim reaching the
age of majority (18).
Resources:
Revised
09/03/2007. Copyright Susan
K. Smith 1996-2002
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