Minnesota's Statutes of Limitations

Transcription

1 Minnesota's Statutes of Limitations Personal Injury Law Below you will find Minnesota's statutes of limitations for many common types of lawsuits. Practice Area: Automobile/Motor Vehicle Accidents Applicable Law: Minn. Stat , Subd. 1(5) Time Period: These actions must be brought within Six years of the date of the injury Practice Area: Aviation Accident-Plane Crash Time Period: Six Years Practice Area: Bicycle Accident Practice Area: Boats, Personal Watercraft & Jet Skis Accidents Practice Area: Burn Injuries Practice Area: Bus Accidents

2 Practice Area: Construction Site Accidents Practice Area: Dog Bites & Animal Attacks Practice Area: Motorcycle Accident Practice Area: Pedestrian Accidents Practice Area: Railroad/Train Crossing Accidents Practice Area: Semi Tractor Trailer Accidents Practice Area: Rollover Accidents (SUV, Van & ATV) Practice Area: Premises Liability - Slip, Trip & Fall, Negligent Maintence, Operation or Insection

3 Practice Area: Injury caused by defective design or construction. Applicable Law: Minn. Stat , Subd. 1(c) Time Period: 2 years after discovery of injury and no more than 10 years after substantial completion of project Practice Area: Wrongful Death Applicable Law: Minn Stat , Subd. 1 Time Period: Three years Practice Area: Product Liability/Defective Products Notice after attorney-client relationship begins Applicable Law: Minn. Stat Time Period: Six Months Practice Area: Strict Liability Applicable Law: Minn. Stat , Subd. 2 Time Period: Four years Practice Area: Warranty Applicable Law: Minn. Stat Time Period: Four years Practice Area: Negligence

4 Expiration of a product's useful life as a factor in weighing fault Applicable Law: Minn. Stat Time Period: Fact question Practice Area: Medical Malpractice Medical Malpractice - Injury Applicable Law: Minn. Stat Time Period: Four years from the date the cause of action accrued. Practice Area: Medical Malpractice - Death Applicable Law: Minn. Stat Minn. Stat Time Period: Three years from the date of death, but not more than four years from the date the cause of action started. Practice Area: Liquor Liability or Dram Shop Claims Notice requirements after attorney-client relationship was formed. Applicable Law: Minn. Stat. 340A.802, Subd. 2 Time Period: 240 days Practice Area: Statutes of limitations from date of injury Applicable Law: Minn. Stat. 340A.802, Subd. 2 Time Period: Two years Practice Area: Legal Malpractice Time Period: Six year from when damage occurs Practice Area: Claims Against State or Municipality Notice to municipality after loss or injury Applicable Law: Minn. Stat , Subd. 1 (municipality) Time Period: 180 days

5 Practice Area: Notice to State after loss or injury Applicable Law: Minn. Stat (5) (state) Time Period: 180 days Practice Area: Notice requirement to a municipality after an injury or loss resulting in a death Applicable Law: Minn. Stat , Subd. 2 (municipality) Time Period: One year Practice Area: Notice requirement to a state after an injury or loss resulting in a death Applicable Law: Minn. Stat , Subd. 6 (state) Time Period: One year Practice Area: Uninsured and Underinsured Motorist Claims (The applicable statute of limitations runs from the date of accident.) Applicable Law: O'Neill v. Illinois Farmers, 381 N.W.2d 439 (Minn. 1986), Nelson v. State Farm, 567 N.W. 2d 770 (Minn. App. 1997). Time Period: Six Years Practice Area: Intentional tort such as assault and battery Applicable Law: Minn. Stat Time Period: Two years Practice Area: Statutes of Limitations for Children (Minors) Applicable Law: Minn. Stat (a) (1) Time Period: One year after reaching majority (except in medical negligence cases: four-year statute of limitations plus seven-year tolling provision). SOME EXCEPTIONS TO THE STATUTES OF LIMITATIONS Practice Area: Minority (Anyone under the age of 18 when the injury occurs, has until age 19 to initiate litigation even if the statute of limitations would normally have run

6 before the age of 19). Applicable Law: Minn. Stat (a) (1) Time Period: One year after reaching majority