North Dakota Pattern Jury Instructions – Civil
NORTH DAKOTA PATTERN JURY INSTRUCTIONS-CIVIL
TORT LIABILITY
MISCELLANEOUS TORTS

§ C – 12.05 Justifiable Response to Assault 2013

An individual may use any force necessary to protect his or her person. However, the force used must be no more than the individual reasonably believed necessary at that time to provide the necessary protection.

If the Plaintiff committed the initial assault, the burden is on the individual assaulted to prove that no more force than was reasonably necessary was used to prevent or contain the assault. In meeting that burden, the Defendant must have some reasonable basis for believing he or she was in danger. In addition, the Defendant must have some reasonableness in the belief of the amount or degree of force used under the circumstances. In determining whether only reasonable and necessary force was used, the relative physical strength of the attacker and the party attacked and differences in their ages or sex are to be taken into consideration.

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Jahner v. Jacob, 233 NW2d 791 (ND 1975), cert. denied, 423 US 870 (1975)

McLean v. Foisie, 33 ND 646, 157 NW 840 (1916)

See also NDCC 12.1-05-07.1 and -07.2; Dahlen v. Landeis, 314 NW2d 63 (ND 1981)

 

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