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The liability of any policyholder carrying applicable insurance with limits of at least $500,000 per occurrence and $1,000,000 in the aggregate may not exceed the amount of coverage. North Dakota has abolished governmental tort immunity as it relates to all political subdivisions, including counties, townships, cities, and any other units of local government, but not the state government.

The North Dakota plan creates a cap on the liability of its policyholders.

A city or county ordinance, a city or county home rule charter, or an ordinance adopted under a home rule charter may not provide for less stringent provisions on smoking than those provided by state law.

Stronger local laws/ordinances further restricting smoking are specifically allowed, see below. Smoking is also prohibited within 20 feet of entrances, exits, operable windows, air intakes, and ventilation systems of enclosed areas in which smoking is prohibited. Outdoor areas of places of employment except outdoor areas specifically covered by the law, and areas in owner-operated businesses that have no employees and are not generally accessible to the public are exempt.

This requirement does not apply to cases in which the claimant alleges lack of informed consent, unintentional failure to remove a foreign object, or the performance of a medical procedure upon either the wrong patient, organ, limb, or other part of the patient’s body. For claims arising after April 1, 1995, there is a $500,000 cap on non-economic damages in medical malpractice cases.