Definition
N.D. Cent. Code § 32-03.2-01
in effect32-03.2-01. Definition
As used in this chapter:
1. "Fault" includes acts or omissions that are in any measure negligent or reckless toward
the person or property of the actor or others, or that subject a person to tort liability or
dram shop liability. The term also includes strict liability for product defect, breach of
warranty, negligence or assumption of risk, misuse of a product for which the
defendant otherwise would be liable, and failure to exercise reasonable care to avoid
an injury or to mitigate damages. Legal requirements of causal relation apply both to
fault as the basis for liability and to contributory fault.
2. "Malice" means:
a. A direct intention to injure another; or
b. A reckless disregard of the rights of another and any consequences.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t32c03-2.pdf#nameddest=32-03p2-01Fetched: 10/16/2026