MINNESOTA

Negligence / Personal Injury
6 Years

for assault, battery, false imprisonment, or other tort resulting in personal injury, if the conduct that gives rise to the cause of action also constitutes domestic abuse as defined in section 518B.01. Minn. Stat. Ann. § 541.05

Toxic Tort
6 Years for assault, battery, false imprisonment, or other tort resulting in personal injury, if the conduct that gives rise to the cause of action also constitutes domestic abuse as defined in section 518B.01. Minn. Stat. Ann. § 541.05
Wrongful Death
3 Years

Any other action under this section may be commenced within three years after the date of death provided that the action must be commenced within six years after the act or omission. Minn. Stat. Ann. § 573.02

Medical Malpractice
4 Years (b) An action by a patient or former patient against a health care provider alleging malpractice, error, mistake, or failure to cure, whether based on a contract or tort, must be commenced within four years from the date the cause of action accrued. Minn. Stat. Ann. § 541.076

Generally, the cause of action accrues when the physician's treatment for the particular condition ceases. Johnson v. Winthrop Laboratories Division of Sterling Drug, Inc., 291 Minn. 145, 149, 190 N.W.2d 77, 80 (1971); Schmit v. Esser, 183 Minn. 354, 358, 236 N.W. 622, 624–25 (1931). The statute of limitations will be extended when a doctor's negligence is part of a continuing course of treatment, such as when a doctor consistently fails to properly treat a fracture.
Fabio v. Bellomo, 504 N.W.2d 758, 762 (Minn. 1993)
Products Liability
4 Years

Subd. 2. Strict liability. Unless otherwise provided by law, any action based on the strict liability of the defendant and arising from the manufacture, sale, use or consumption of a product shall be commenced within four years. Minn. Stat. Ann. § 541.05

Discovery:

Under Minnesota law, as predicted by the District Court, patient's products liability action against medical device companies for claims arising when chondrolysis developed in his shoulder after insertion of pain pump following surgery accrued under discoveryrule at time when patient knew or should have known of causal connection between his shoulder injury and surgery. Huggins v. Stryker Corp., D.Minn.2013, 2013 WL 1191058

Fraud
6 Years Subdivision 1. Six-year limitation. Except where the Uniform Commercial Code otherwise prescribes, the following actions shall be commenced within six years:
(6) for relief on the ground of fraud, in which 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; Minn. Stat. § 541.05, subd. 1(6)
Municipal Liability/Sovereign Immunity
Abolished, but numerous special rules apply.
Discovery Rule
SOL runs from date injury is, or should have been, discovered.
Comparative Negligence
Adopted
Charitable Immunity
Abolished
Disabilities
For persons under 18, incompetents, or insane persons, SOL begins running when disability is removed but will not extend SOL more than 5 years except for infancy. Maximum 1 year from end of disability to commence actions. In malpractice cases, maximum of 7 years for infants under 18 or 1 year from end of disability. Note: Under the minority tolling statute, when a negligence action accrues during plaintiff's infancy, plaintiff must commence the action either within one year of reaching the age of majority or within the six-year period of limitation provided in statute imposing six-year limitation with respect to action for any injury to person or rights of another, not arising on contract, and not otherwise enumerated, whichever is later.
Punitive Damages
Follows common law rules.
No-Fault Insurance
Applies
Consumer Fraud Complaint

Minnesota Office of the Attorney General, Consumer Services Division
http://www.ag.state.mn.us/
(651) 296-3353
(800) 657-3787 (toll-free in Minnesota)

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