How does comparative fault work in Minnesota?
1. Negligence Elements. Minnesota negligence requires duty, breach, causation, and damages (Domagala v. Rolland, 805 N.W.2d 14). Duty analysis weighs foreseeability and special relationship.
2. Comparative Fault Regime. Minn. Stat. § 604.01(1): "Contributory fault does not bar recovery in an action... if the contributory fault was not greater than the fault of the person against whom recovery is sought, but any damages allowed must be diminished in proportion to the amount of fault attributable to the person recovering." Greater than 50% bars; ≤50% reduces proportionally. This is a 51% bar.
3. Joint and Several Liability. Minn. Stat. § 604.02 (2003 amendment) — defendants are severally liable only, EXCEPT: (1) a defendant whose fault is greater than 50% is jointly and severally liable; (2) defendants who acted in concert; (3) certain environmental and hazardous-substance cases; (4) some sex-trafficking cases. The 2003 reform substantially narrowed J&S in MN.
4. Last Clear Chance / Sudden Emergency. Last clear chance abolished. Sudden emergency remains as Minn. CIVJIG 28.40.
5. Settling Tortfeasors. Minn. Stat. § 604.02 subd. 2 — Pierringer-style releases recognized in Frey v. Snelgrove, 269 N.W.2d 918. Settlement reduces claim by settled party's percentage of fault.
6. Statute of Repose vs SOL. Personal injury SOL is 6 years for negligence (Minn. Stat. § 541.05) — one of the longest. Med-mal is 4 years (§ 541.076). Construction repose is 10 years (§ 541.051). Product liability has no general repose.
7. Caps. No general statutory noneconomic cap. Punitive damages limited under § 549.20 by clear and convincing standard. Sovereign immunity caps state liability at $500,000/$1,500,000 (§ 3.736). No-fault auto thresholds apply under § 65B (Minnesota No-Fault Act).
8. Wrongful Death Comparative. Minn. Stat. § 573.02 wrongful death applies § 604.01 comparative; decedent's fault reduces or bars recovery.
9. Worker Injuries. Minn. Stat. § 176.031 WC exclusivity. Third-party suits apply § 604.01; Lambertson v. Cincinnati Corp. allows contribution from employer up to WC paid.
This is legal information, not legal advice.
- Multi-defendant case where § 604.02 50% J&S threshold matters for collection
- Auto injury requiring No-Fault Act § 65B.51 threshold analysis
- Workplace third-party suit needing Lambertson employer-contribution analysis
- Minn. Stat. § 604.01
- Minn. Stat. § 604.02
- Minn. Stat. § 541.05
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.