North Dakota Mesothelioma Lawyer and Legal Information

In the years between 1980 and 2000, North Dakota had the fewest asbestos-related deaths of any of the 50 states, so it should be no surprise that the state also ranks 50th in asbestos litigation. In contrast to neighboring state, Montana, there have been very few asbestos-related lawsuits filed in North Dakota. This is in part because of the sparse population, and in part because the bulk of the population in North Dakota work in agriculture, where there are far fewer incidents of asbestos exposure than there are in factories. There have, however, been some significant asbestos-related cases in the state.

One of those cases, Black v. Abex Corp, was a wrongful death suit filed by the wife of a man who died of mesothelioma. The suit named 48 defendants, and alleged that Markus Black developed mesothelioma as a result of handling products mined, manufactured, distributed or otherwise used by the defendants in the suit. The Black case hinged on a concept called market share liability, which Black's lawyers asserted was a valid cause for action under North Dakota law. Under market share liability, a suit is brought against a group of defendants who make identical products to which the plaintiff may have been exposed. Courts all over the country have held that market share liability is not appropriate in cases involving asbestos-containing products.

Determination of Liability

North Dakota courts apply a modified comparative negligence rule - 50 percent in determining liability. Under the North Dakota 50 percent comparative liability rule, a plaintiff may collect damages even if they are partially responsible for their own injuries as long as their share of fault is 50 percent or less. If the plaintiff is found 51 percent or more at fault in their own injury, they collect no damages. If the plaintiff is found partially at fault, any damages determined in the case are reduced in proportion to their fault in the case. If a jury determines that damages in the case amount to $100,000 and the plaintiff is 20 percent liable for their own injuries, the plaintiff can collect $80,000.

In cases that involve more than one defendant, North Dakota courts apportion the judgment using a modified joint and several liability system. In most cases, the defendants are subject to several liability, under which each defendant is responsible for the amount of the judgment that corresponds to their percentage of the fault. In cases where it is determined that the defendants acted in consort to harm the plaintiff, the defendants may be subject to joint liability. Under joint liability, each defendant may be held liable for the entire judgment if the any of the others are unable to pay.

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