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

[email protected]

http://www.mindspring.com/~cwfield/

(770) 987-6151


Asked on 12/19/01, 6:26 pm

2 Answers from Attorneys

Todd Johnson Johnson & Bannon

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.

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Answered on 12/19/01, 10:02 pm
Hugh Wood Wood & Meredith

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, . . .

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Answered on 12/19/01, 11:25 pm


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