Legal Question in Personal Injury in Minnesota
Statute/Limitations personal injury
What is the S/L for personal injury cases in MN? Also, can you direct me to a short synopsis of what is required to be proven in a slip-and-fall case?
Thanks.
--name removed--W.--name removed--Attorney at Law
1009 Industrial Court, Ste. A
Suwanee, GA 30024
http://www.mindspring.com/~cwfield/
(770) 987-6151
2 Answers from Attorneys
Re: Statute/Limitations personal injury
Generally the statute of limitations for a personal injury action is 6 years. Slip and falls are very straight forward. General negligence needs to be shown. We have comparative fault so need to show fault of person who fell less than 50%. Particular facts can effect defenses. For instance, snow and ice falls in Minnesota are difficult in most circumstances since there is an assumption that everyone slips and falls up here in the snow and ice. On the other hand, if the ice has been present for some period of time jurors are less sympathetic to owner of property. If you have specific questions I would be happy to try to answer them.
Re: Statute/Limitations personal injury
Dear Mystery Lawyer in Georgia (I think we had lunch together once), I read the answer from MN and I just didn't think ANY US PI statute is that long. So, I found via Westlaw the following. Minn. Stat Sec. 541.07 says 2 years for PI. It is true that many MN S/Ls are 6 years and are controlled by Minn. Stat Sec. 541.05, but PI is not one of them. Hugh Wood [email protected] I will try to send you the MN statutes here. If not, I will send it via your Mindspring account.
541.07 Two- or three-year limitations.
Except where the Uniform Commercial Code, this section,
section 148A.06, 541.05, 541.073, or 541.076 otherwise
prescribes, the following actions shall be commenced within two
years:
(1) for libel, slander, assault, battery, false
imprisonment, or other tort resulting in personal injury, . . .