23-36-08. Limitation on liability

23-36-08. Limitation on liability Subject to any other requirements of section 32-12.2-02, the owner of an animal may bring a claim for money damages, and may recover an amount up to the replacement value of the animal, if the owner establishes that before the animal was seized and tested for rabies under this chapter, the department, knew or recklessly failed to determine that the animal, at the time of the exposure, was lawfully owned and licensed and that: 1. The animal had not bitten, scratched, or otherwise possibly exposed another animal or an individual to rabies; or 2. The animal was a domestic animal and there was not probable cause to believe the animal was rabid.