Minnesota’s Comparative Negligence Rule

When it comes to liability in a personal injury case, the state of Minnesota follows what is known as a “comparative negligence” rule. This means that if both parties are found to be at fault in causing the injury, the court will assign a percentage of fault to each party. The victim can then pursue a claim against the negligent party, but any award or settlement will be reduced by their own percentage of fault in the incident.

The court’s decision on assigning comparative fault is based on an evaluation of the extent to which each party was responsible for causing the harm. In general, when assigning fault in a personal injury case, courts in Minnesota use what is known as the “affirmative defense” approach. This approach considers a range of factors and evidence that examine the role of each party in causing the injury. This can include evidence regarding a victim’s actions, such as whether he or she acted reasonably, or evidence about any other factors that could have contributed to the injury.

When it comes to determining whether a party is liable for an accident, Minnesota is a “no-fault” state. This means that, in most cases, fault is generally not a determining factor in whether a party is liable for an accident. However, when a case does involve an element of negligence, then the court can consider the comparative negligence of each party. This means that the court will assign percentages of fault based on their evaluation of the evidence and determine how much each party is responsible for causing the injury.

For example, if a driver is found to be 50 percent negligent in causing a car accident, and the other driver is found to be the remaining 50 percent negligent, the court will determine that each party is responsible for 50 percent of the damages caused by the accident. This means that the injured party can pursue a claim against the other driver, but that any settlement award or judgment will be reduced by their own percentage of fault.

The traditional approach to comparative negligence in Minnesota is known as “modified comparative negligence.” Under this rule, an injured party can recover for their damages only if their percentage of fault is less than 50 percent. However, if their percentage of fault is equal to or greater than 50 percent, they are barred from recovering any damages from the defendant.

In addition to the modified-comparative negligence rule, Minnesota also has a “pure comparative negligence” rule. Under this rule, an injured party can recover damages regardless of whether their percentage of fault is greater than 50 percent. However, any damages awarded to the plaintiff will be reduced by the amount equal to their percentage of fault.

Overall, the comparative negligence rule in Minnesota provides courts with an objective and equitable way of determining fault in personal injury cases. It also allows victims to pursue a claim even if they were partially at fault, so long as their percentage of fault is less than 50 percent. This rule promotes fair outcomes while still providing the injured party with the ability to seek compensation for the damages they suffered.