Discovery of Injury

Source:

North Dakota Century Code Annotated 1991 Vol. 5 and Vol 5 2005 supplement.

The purpose of the discovery rule is to prevent the injustice of barring a claim before the plaintiff could reasonably be aware of its existence. Thus, the focus is upon whether the plaintiff has been appraised of facts which would place a reasonable person on notice that a potential claim exists. It is not necessary that the plaintiff be subjectively convinced that he has been injured and that the injury was caused by the defendant’s negligence. Wall v. Lewis (1986) 393 NW 2d 758. Where plaintiffs were advised by an attorney that they had a potential malpractice claim, plaintiffs as a matter of law “discovered” the injury, its cause, and the defendant’s possible negligence as of that date. Wall v. Lewis (1986) 393 NW 2d 758.

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