What is the statute of limitations in Minnesota?

Minnesota civil limitations are codified in Minn. Stat. Chapter 541.

1. Personal Injury — 2 or 6 Years

Minn. Stat. § 541.05(1)(5): Actions for any other injury to the person or rights of another, not arising on contract, and not hereinafter enumerated — 6 years (this includes negligence-based personal injury).

Minn. Stat. § 541.07(1): Actions for libel, slander, assault, battery, false imprisonment, or other tort resulting in personal injury — 2 years (intentional torts).

2. Written Contract — 6 Years

Minn. Stat. § 541.05(1)(1): An action upon a contract or other obligation, express or implied — 6 years.

3. Oral Contract — 6 Years

Same 6 years under § 541.05(1)(1).

4. Property Damage — 6 Years

Minn. Stat. § 541.05(1)(4): Actions for trespass upon real estate, or taking or detaining personal property — 6 years.

5. Fraud — 6 Years (Discovery Rule)

Minn. Stat. § 541.05(1)(6): Actions for relief on the ground of fraud — 6 years, accrual deferred until discovery (in such case the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud).

6. Medical Malpractice — 4 Years

Minn. Stat. § 541.076: An action by a patient against a health care provider alleging malpractice, error, mistake, or failure to cure shall be commenced within 4 years from the date the cause of action accrued. Cause of action accrues at the time of the negligent act in most cases (Molloy v. Meier, 679 N.W.2d 711 (Minn. 2004)). Affidavit of expert review required within 60 days (§ 145.682).

7. Wrongful Death — 3 Years

Minn. Stat. § 573.02(1): An action to recover damages for a death caused by the wrongful act or omission of any person or corporation may be commenced by the trustee within 3 years after the date of death provided that the action must be commenced within 6 years after the act or omission.

8. Other Notable Periods

Defamation: 2 years (Minn. Stat. § 541.07(1)).

Judgments: 10 years, renewable (Minn. Stat. § 541.04).

UCC sale of goods: 4 years (Minn. Stat. § 336.2-725).

Tort Claims Act notice (state): 180 days (Minn. Stat. § 3.736); municipal: 180 days (Minn. Stat. § 466.05).

Improvements to real property: 2 years from discovery, 10-year repose (Minn. Stat. § 541.051).

9. Tolling

Minn. Stat. § 541.15 tolls for minority (under 18) and mental illness.

This is legal information, not legal advice.