What is the Good Samaritan law in North Dakota?
I fell while riding my bike. I asked a person who was passing by to drop me at the nearest clinic. This person agreed to help. While I was getting inside his car, his kid (3 years old) threw his toy over me that hit right on my wound. Can sue this person for what his child did to me?04/03/2017 | Category: Helping People | State: North Dakota | #35036
Here the law that you may wanna read for further information:
N.D. Cent. Code, § 32-03.1-02:
No person, or the person's employer, subject to the exceptions in sections 32-03.1-03, 32-03.1-04, and 32-03.1-08, who renders aid or assistance necessary or helpful in the circumstances to other persons who have been injured or are ill as the result of an accident or illness, or any mechanical, external or organic trauma, may be named as a defendant or held liable in any personal injury civil action by any party in this state for acts or omissions arising out of a situation in which emergency aid or assistance is rendered, unless it is plainly alleged in the complaint and later proven that such person's acts or omissions constituted intentional misconduct or gross negligence.
N.D. Cent. Code, § 32-03.1-07 :
Costs and fees.
Notwithstanding any other provision in the laws of this state, or any court rules, if a party names a defendant in a suit alleging intentional misconduct or gross negligence, as described in section 32-03.1-01, and the trial judge dismisses the complaint or grants a defendant's motion for judgment on the pleadings, or directs a verdict for a defendant, or grants a defendant's motion for judgment notwithstanding the verdict, or at any point in the proceedings grants a plaintiff's motion to discontinue the action against the defendant, the defendant shall be entitled to full costs and reasonable attorney's fees expended in connection with the defendant's defense of the action. If good reason is shown, the trial judge may suspend the operation of this section.