Sidewalk and Public Property Falls in Minnesota

Claims against a city or other municipality for a sidewalk injury fall under the Municipal Tort Claims Act: notice of claim within 180 days and damage caps apply. Municipalities are immune from claims based on snow or ice on a public sidewalk, except a sidewalk abutting a publicly owned building or parking lot or where the municipality affirmatively caused the condition. The statutes read do not say whether the owner of property next to a public sidewalk is liable for defects in it.

Anyone claiming damages from a Minnesota municipality (city, county, town, school district or other political subdivision) or its employee must present a notice to the municipality's governing body within 180 days after the loss or injury is discovered, stating the time, place and circumstances, the employees involved, and the amount demanded; actual notice of enough facts to alert the municipality or its insurer counts. For wrongful death, notice may be presented within one year, and time while the injured person is incapacitated does not count. For claims arising on or after July 1, 2009, liability is capped at $500,000 per claimant and $1,500,000 for all claims from one occurrence.

A written notice stating the time, place and circumstances of the loss, the employees involved and the amount demanded must be given within 180 days after the loss or injury is discovered: to the Attorney General (and any state employee being sued) for claims against the state, or to the governing body of a city, county or other municipality. For wrongful death claims, notice may be given within one year. Time while the injured person is incapacitated does not count. Liability is capped at $500,000 per claimant and $1,500,000 for all claims from a single occurrence (for claims arising on or after July 1, 2009), and the state will not pay punitive damages.

Generally six years for injury to the person not arising on contract (which covers negligence claims). Two years for libel, slander, assault, battery, false imprisonment or "other tort resulting in personal injury." Four years for strict product liability claims.