> > Minnesota Statute of Limitations

Be Aware of the Minnesota Statute of Limitations

Every state has its own time limits, called statutes of limitations, and even within a state the period of time within which you must file a lawsuit varies according to the type of claim. Knowing which statute of limitation applies under state and federal law is critical, since if a lawsuit is not brought within the time limit that applies to the case, the right to sue and recover damages is forever lost.

Below you'll find Minnesota's statutes of limitations for many common types of lawsuits.

Practice AreaAutomobile/Motor Vehicle Accidents
Applicable Law: Minn. Stat. § 541.05, Subd. 1(5)
Time Period: These actions must be brought within Six years of the date of the injury

Practice Area: Aviation Accident-Plane Crash
Applicable Law: Minn. Stat § 541.05, Subd. 1(5)
Time Period: Six Years

Practice AreaBicycle Accident
Applicable Law: Minn. Stat § 541.05, Subd. 1(5)
Time Period: Six years

Practice AreaBoats, Personal Watercraft& Jet Skis Accidents
Applicable Law: Minn. Stat § 541.05, Subd. 1(5)
Time Period: Six years

Practice AreaBus Accidents
Applicable Law: Minn. Stat § 541.05, Subd. 1(5)
Time Period: Six years

Practice AreaConstruction Site Accidents
Applicable Law: Minn. Stat § 541.05, Subd. 1(5)
Time Period: Six years

Practice AreaDog Bites & Animal Attacks
Applicable Law: Minn. Stat § 541.05, Subd. 1(5)
Time Period: Six years

Practice AreaMotorcycle Accident
Applicable Law: Minn. Stat § 541.05, Subd. 1(5)
Time Period: Six years

Practice AreaPedestrian Accidents
Applicable Law: Minn. Stat § 541.05, Subd. 1(5)
Time Period: Six years

Practice AreaRailroad/Train Crossing Accidents
Applicable Law: Minn. Stat § 541.05, Subd. 1(5)
Time Period: Six years

Practice AreaSemi Tractor Trailer Accidents
Applicable Law: Minn. Stat § 541.05, Subd. 1(5)
Time Period: Six years

Practice AreaRollover Accidents (SUV, Van & ATV)
Applicable Law: Minn. Stat § 541.05, Subd. 1(5)
Time Period: Six years

Practice AreaPremises Liability - Slip, Trip & Fall, Negligent Maintenance, Operation or Inspection
Applicable Law: Minn. Stat § 541.05, Subd. 1(5)
Time Period: Six years

Injury caused by defective design or construction.
Applicable Law: Minn. Stat § 541.051, Subd. 1(c)
Time Period: 2 years after discovery of injury and no more than 10 years after substantial completion of project

Practice AreaWrongful Death
Applicable Law: Minn Stat. § 573.02, Subd. 1
Time Period: Three years

Practice AreaProduct Liability/Defective Products Notice after attorney-client relationship begins
Applicable Law: Minn. Stat. § 604.04
Time Period: Six Months

Practice AreaMedical Malpractice Medical Malpractice - Injury
Applicable Law: Minn. Stat. § 541.076
Time Period: Four years from the date the cause of action accrued.

Practice Area: Medical Malpractice - Death
Applicable Law: Minn. Stat. § 541.076 Minn. Stat. § 573.02
Time Period: Three years from the date of death, but not more than four years from the date the cause of action started.

Practice AreaLiquor Liability or Dram Shop Claims
Notice requirements after attorney-client relationship was formed.
Applicable Law: Minn. Stat. § 340A.802, Subd. 2
Time Period: 240 days

Practice Area: Legal Malpractice
Applicable Law: Minn. Stat § 541.05, Subd. 1(5)
Time Period: Six year from when damage occurs

Practice Area: Claims Against State or Municipality
Notice to municipality after loss or injury
Applicable Law: Minn. Stat. § 466.05, Subd. 1 (municipality)
Time Period: 180 days

Notice to State after loss or injury
Applicable Law: Minn. Stat. § 3.736(5) (state)
Time Period: 180 days

Notice requirement to a municipality after an injury or loss resulting in a death
Applicable Law: Minn. Stat. § 466.05, Subd. 2 (municipality)
Time Period: One year

Notice requirement to a state after an injury or loss resulting in a death
Applicable Law: Minn. Stat. § 3.736, Subd. 6 (state)
Time Period: One year

Practice AreaUninsured and Underinsured Motorist Claims (The applicable statute of limitations runs from the date of accident.)
Applicable Law: O'Neill v. Illinois Farmers, 381 N.W.2d 439 (Minn. 1986), Nelson v. State Farm, 567 N.W. 2d 770 (Minn. App. 1997).
Time Period: Six Years

Practice Area: Intentional tort such as Assault or Battery
Applicable Law: Minn. Stat. § 541.07
Time Period: Two years

Practice Area: Statutes of Limitations for Children (Minors)
Applicable Law: Minn. Stat. § 541.15(a)(1)
Time Period: One year after reaching majority (except in medical negligence cases: four-year statute of limitations plus seven-year tolling provision).

SOME EXCEPTIONS TO THE STATUTES OF LIMITATIONS

Minority (Anyone under the age of 18 when the injury occurs, has until age 19 to initiate litigation even if the statute of limitations would normally have run before the age of 19).
Applicable Law: Minn. Stat. § 541.15(a)(1)
Time Period: One year after reaching majority  

In actions alleging malpractice, error, mistake, or failure to cure, whether based on contract or tort, against a health care provider, the ground of disability suspends the period of limitation until the disability is removed. The suspension may not be extended for more than seven years, or for more than one year after the disability ceases.

Contact our attorneys immediately to ensure that all of your rights are preserved.