What Is the Statute of Limitations in MN?
A statute of limitations is a strict time limit on how long a plaintiff has to bring their case to the attention of a court. The statute of limitations in Minnesota for civil cases ranges from two to ten years depending on the type of claim. For criminal cases, the statute of limitations can be as short as three years, but the most serious offenses have longer deadlines or none at all.
Statute of Limitations in Minnesota for Personal Injury Claims
The Minnesota statute of limitations for personal injury cases is usually two years. However, state law allows a six-year statute of limitations in Minnesota for personal injury claims that result from domestic abuse.
Intentional Torts: MN Statute for False Imprisonment, Assault, and Libel
The statute of limitations in MN for intentional torts such as assault, slander or false imprisonment is two 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 Statute of Limitations in Minnesota
The statute of limitations in Minnesota for medical malpractice claims is four 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))
“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
The discovery rule applies to product liability cases, meaning that the statute of limitations begins to run when the person knows or should have known that they were injured due to a defective product.
Statute of Repose for Construction Defects
Claims based on construction defects may be brought within ten years of the substantial completion of the improvement to real property and must be brought within two years of the injury or discovery of the injury. (M.S.A. §541.051)
“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
Minnesota and its municipalities are not immune to liability, but numerous special rules apply.
Minnesota follows the doctrine of comparative negligence when calculating damage awards.
Charitable organizations are not immune to prosecution.
In cases involving plaintiffs who are younger than 18, incompetent or insane, the statute of limitations begins running when this legal disability is removed, but the statute of limitations cannot be extended more than five years except in cases involving children. Plaintiffs have a maximum of one year from the end of their legal disability to commence actions. In malpractice cases, the statute of limitations may be extended for a maximum of seven years for children or one year from the end of the legal disability.
Is Minnesota an At-Fault State?
No: Minnesota is a no-fault state. Drivers are required to carry insurance policies with personal injury protection (PIP) coverage.
Consumer Fraud Complaints
Consumer fraud complaints can be filed online or by mail with the Attorney General’s Office. If you have questions, you can call (651) 296-3353 or 1-800-657-3787.
Frequently Asked Questions
What Is the Statute of Limitations for Debt Collection in Minnesota?
In Minnesota, the statute of limitations for debt is six years, but this period begins on the date when the account became delinquent, not when it was opened.
Is There a Statute of Limitations on Drug Charges?
In Minnesota, the prosecutor must charge an individual for a drug crime within three years of the date the offense occurred.
How Long Does a Warrant Last in Minnesota?
Warrants can be served at any time and last until the judge who issues the warrant cancels it.