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Minnesota

Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 8

Med Pay Subrogation - Yes

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 12 years
Breach of Contract (Written) 6 years
Personal Property 6 years
Personal Injury N/A
Intentional Acts 2 years
Wrongful Death 3 years
Negligence Claims 6 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - YES if owner has knowlegde, gave permission and consent

Suspend Owner's License - YES


Deductible Reimbursement

Pro Rata State
M.S.A. § 72A.201
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

Minnesota statute governs wage attachment. The maximum part of an individual’s disposable earnings for a pay period that can be garnished may not exceed the lesser of: 1. 25% of the disposable earnings or 2. The amount of the disposable earnings that exceed 40 times the federal minimum hourly wage; The portion of the defendant’s earnings which are not subject to a wage garnishment are also exempt from garnishment for 20 days after they have been deposited in any financial institution, whether in a single or joint account. The burden of establishing that funds are exempt rests on the defendant using the first-in first-out accounting method
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $1,000 Damage to Property
Liability imposed when child willfully or maliciously causes injury to person or damage to property
 


Subrogation by Landlord's Carrier against Tenant

NO


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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