Fracture settlements
in Minnesota.
A Minnesota jury found a parish school and a woman’s own husband equally to blame when her wheelchair went over an unmarked five inch drop and she broke her leg. The Supreme Court held the school had to pay only its half. At work the rules differ: an employee who broke her ankle on the office stairs was covered.
Facts that decide a fracture claim in Minnesota
| Paying only your share | A defendant who is only severally liable cannot be required to pay more than its equitable share through reallocation, even when another person’s share cannot be collected.Staab v. Diocese of St. Cloud (Minn. 2014) |
|---|---|
| Fault rule | Your fault “does not bar recovery … if the contributory fault was not greater than the fault of the person against whom recovery is sought,” but damages are reduced by your share.Minn. Stat. § 604.01, subd. 1 |
| Deadline to sue | Six years for negligence claims “for any other injury to the person or rights of another, not arising on contract.”Minn. Stat. § 541.05, subd. 1(5) |
| Claims against government | Notice within 180 days for cities and for the State; liability is capped at $500,000 per claimant and $1.5 million per occurrence.Minn. Stat. §§ 466.05, 466.04, 3.736; see our notice table |