Minnesota

STATUTE OF LIMITATIONS

Personal Property: 6 Years

Personal Injury (Negligence): 6 Years

Personal Injury (Intentional Torts): 2 Years

Wrongful Death: 3 Years

Medical Malpractice: 4 Years

Breach of Contract (Written): 6 Years

Breach of Contract (Oral): 6 Years

Conversion: 6 Years

Statute of Repose (Real Property): 10/12 Years

Statute of Repose (Products): N/A

Breach of Warranty: 4 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

Notice required within 180 days of claim accrual

PIP/MED PAY SUBROGATION

PIP: YES
-Only if third party is a commercial vehicle weighing in excess of 5,500 lbs
MED PAY: YES

CONTRIBUTORY NEGLIGENCE

Modified Comparative – 51%
Plaintiff cannot recover if 51% or more at fault (if found to be 50% at fault, plaintiff can recover)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability: $1,000.00

Liable when child under 18 causes willful or malicious injury or destruction to real or personal property

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

There is a requirement for filing a certificate or affidavit of merit within 60 days for claims against certain professionals

JOINT AND SEVERAL LIABILITY

Generally Several Liability

JOINT AND SEVERAL LIABILITY

applies to those defendants who are more than 50% at fault

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: YES
-If owner had knowledge and gave permission to operate the vehicle

MADE WHOLE DOCTRINE

Applies

DEDUCTIBLE REIMBURSEMENT

Pro-Rata

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.