{"id":374284,"date":"2016-03-31T21:35:43","date_gmt":"2016-04-01T02:35:43","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/minnesota-law\/minnesota-negligence-laws.html"},"modified":"2023-01-05T15:18:01","modified_gmt":"2023-01-05T20:18:01","slug":"minnesota-negligence-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/minnesota-law\/minnesota-negligence-laws.html","title":{"rendered":"Minnesota Negligence Laws"},"content":{"rendered":"\n
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Minnesota Negligence Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Garrett Monteagudo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

It’s a classic case when you’re stuck in traffic: you’re caught in the middle of an intersection when the light turns yellow. A driver turning left across your lane tries to beat the light and collides with your car. Which one of you is at fault for your injuries, and do you have a legal claim based on negligence? If you’re wondering how negligence cases work, and what laws the North Star State has regarding any possible recovery from your injuries, this is a good place to start.<\/p>\r\n

This is a brief introduction to negligence laws in Minnesota.<\/p>\r\n

General Negligence Law<\/h2>\r\n

Negligence claims are a legal attempt to determine whether a person had a duty of care to another and whether that person failed in fulfilling that duty. If so, they may be liable for any resulting injuries reasonably related to that person’s negligence. Using the accident example, the other driver might be held liable for negligence because they hit your car.<\/p>\r\n

Under Minnesota law, you may also be liable under a doctrine known as "contributory negligence," meaning that you contributed to the accident by trying to squeeze through the intersection. However, Minnesota follows the modified comparative negligence approach. This means that Minnesota does not bar your negligence claim so long as a judge or jury does not determine that you were more than 50% at fault for the accident\/injuries. If you are found less than 50% responsible, you may recover damages but your claim will be reduced in proportion to your percentage of fault.<\/p>\r\n

Negligence Laws in Minnesota<\/h2>\r\n

While all states have negligence laws<\/a>, not all state negligence laws are the same. Minnesota’s Negligence statutes are highlighted in the following table.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/th>\r\n

\u00a7 604.01, et seq.<\/a> of the Minnesota Statutes<\/p>\r\n<\/td>\r\n<\/tr>

Modified Comparative Negligence<\/p>\r\n<\/th>\r\n

Plaintiff’s negligence reduces recovery proportionately, but if greater than 50%, recovery is barred<\/p>\r\n<\/td>\r\n<\/tr>

Contributory Negligence –Limit to Plaintiff’s Recovery<\/p>\r\n<\/th>\r\n

 <\/td>\r\n<\/tr>

Contribution Among Tortfeasors<\/p>\r\n<\/th>\r\n

Yes, two or more people may be severally liable and contributions shall be in proportion to the percentage of fault attributable to each, except in situations outlined by \u00a7 604.02<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Uniform Act<\/p>\r\n<\/th>\r\n

–<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Negligence Cases<\/h2>\r\n

There are several elements of a negligence case<\/a>. And in order to have a successful claim in court, you must prove each element:<\/p>\r\n