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
Statute of Repose (Real Property): 10/12 Years ( (2 years for Improvement to Real Property)
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
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