Comparative Negligence in Minnesota

State-specific overview · Tort Law

Quick summary

Minnesota uses pure comparative negligence, permitting recovery regardless of plaintiff's percentage of fault.

How Minnesota treats Comparative Negligence

Minnesota allows plaintiffs to recover damages reduced by their own percentage of negligence, with no maximum threshold preventing recovery. A plaintiff 95% at fault can still recover 5% of damages from a defendant. This pure comparative negligence approach applies broadly across negligence cases, making recovery available even when the plaintiff bears primary responsibility.

The general definition of Comparative Negligence

A rule that reduces damages based on the victim's own percentage of fault.

Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Minnesota.