North Dakota Century Code
N.D. Cent. Code § 32-21-01 (2026)
When action for death by wrongful act maintainable
✓ current as of May 2026
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Whenever the death of a person shall be caused by a wrongful act, neglect, or default, and the act, neglect, or default is such as would have entitled the party injured, if death had not ensued, to maintain an action and recover damages in respect thereof, then and in every such case the person who, or the corporation, limited liability company, or company which, would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured or of the tort-feasor, and although the death shall have been caused under such circumstances as amount in law to felony.
\nNotes of Decisions
Cited in 16
cases (1 in the last 5 years), 1972–2021 · leading case: Hopkins v. McBane, 359 N.W.2d 862 (N.D. 1984).
Hopkins v. McBane, 359 N.W.2d 862 (N.D. 1984). “' Antoinette Hopkins brought a wrongful-death action under Section 32-21-01, N.D. C.C., as surviving parent of Nelvette McDonald, a viable fetus whose death and resultant stillbirth, Antoinette asserts, was the result of the defendants’ negligence.”
Sheets v. Graco, Inc., 292 N.W.2d 63 (N.D. 1980). “Section 32-21-01 of the North Dakota Century Code is our wrongful death statute and it provides as follows: "32-21-01.”
Tatum v. Schering Corp., 523 So. 2d 1042 (Ala. 1988). “§ 28A-18-2 (1984); N.D.Cent.Code § 32-21-01 (1976); Ohio Rev.”
Hopkins v. McBane, 427 N.W.2d 85 (N.D. 1988). “1984), in which we reversed the district court's summary judgment of dismissal upon concluding that § 32-21-01, N.D.C.C., "authorizes a wrongful-death action against one whose tortious conduct causes the death of a viable unborn child.”
Weigel v. Lee, 2008 ND 147 (N.D. 2008). “On April 24, 2007, the court reaffirmed the order for a new trial, commenting that much of the court’s and counsel’s confusion was due to a failure to distinguish between a wrongful death action under N.D.C.C. § 32-21-01 and a survival action under N.”
Matthews v. Celotex Corp., 569 F. Supp. 1539 (D.N.D. 1983). “N.D.CentCode § 32-21-01. The statute of limitations applicable to wrongful death actions provides in pertinent part as follows: The following actions must be commenced within two years after the cause of action has accrued: 4.”
Rau v. Kirschenman, 208 N.W.2d 1 (N.D. 1973). “§ 32-21-01, N.D.C.C.; Bowman v. Puckett, 144 Tex.”
Hoff v. Elkhorn Bar, 613 F. Supp. 2d 1146 (D.N.D. 2009). “N.D.C.C. § 32-21-01. A wrongful death action shall be brought by the following persons in the order named: (1) the surviving husband or wife; (2) the surviving children; (3) the surviving mother or father; (4) a surviving grandparent; (5) the personal representative; and (6) a…”
VanVleet v. Pfeifle, 289 N.W.2d 781 (N.D. 1980). “Section 32-21-01, NDCC. The common law practice of strict pleading is not followed in North Dakota.”
Zebley Ex Rel. Zebley v. Heartland Indus. of Dawson, Inc., 625 F.3d 449 (8th Cir. 2010). “” Notwithstanding the fact Zebley styled her complaint as a common law negligence action, Zebley sued Heartland in her capacity as trustee for Fallon’s heirs under North Dakota’s wrongful death statute, N.D. Cent. Code § 32-21-01 , et seq. See also Armstrong v.”
Kenna v. So-Fro Fabrics, Inc., 18 F.3d 623 (8th Cir. 1994). “See N.D.Cent.Code §§ 32-21-01 & -02 (1976 & Supp.”
Armstrong v. Miller, 200 N.W.2d 282 (N.D. 1972). “Section 32-21-01, N.D.C.C., declares that those who wrongfully or negligently cause an injury resulting in the death of another are liable notwithstanding the death of the person injured.”
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