Negligence in Minnesota
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A Minnesota fact pattern
Negligence in minnesota.
Statute of limitations
6 years
Minn. Stat. § 541.05, subd. 1(5)
Six years from the injury in an ordinary negligence file. That number is long. Do not treat it as a reason to wait.
- A municipality generally needs written notice within 180 days (Minn. Stat. § 466.05). Miss it, and the six-year story does not save the file.