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 for your injuries, this is a good place to start. This is a brief introduction to negligence laws in Minnesota.
General Negligence Law
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, he or she may be liable for any resulting injuries. If we use the accident example, the other driver, let's call her Donna, might be held liable for negligence because she hit your car.
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. The concept of contributory negligence does not bar recovery in a negligence claim completely so long as you aren't more than 50% at fault. However, the amount you could recover in a negligence claim could be diminished in proportion with your contributory fault.
Negligence Laws in Minnesota
While all states have negligence laws, not all state negligence laws are the same. Minnesota's Negligence statutes in are highlighted in the following table.
Code Section | |
Comparative Negligence | - |
Contributory Negligence-Limit to Plaintiff's Recovery | Plaintiff's negligence reduces recovery proportionately, but if greater than 50%, recovery is barred |
Contribution Among Tortfeasors | No |
Uniform Act | - |
Negligence Cases
There are several elements of a negligence case. And in order to have a successful claim in court, you must prove each element:
Minnesota Negligence Laws: Related Resources
Negligence law has a lot of ins and outs, and navigating a negligence claim can be tricky. You can find more information and resources on this topic in FindLaw's section on Negligence.
Have Specific Questions About Minnesota Negligence Laws? Get in Touch with a Lawyer
Minnesota has a wide variety of personal injury and tort laws. Finding a Minnesota legal specialist in your area of injury can make all the difference. If you've been injured in Minnesota and you feel your claim may merit compensation, it's in your best interest to contact a local personal injury attorney today.