Minnesota Premises Liability Lawyer

What duty do Minnesota property owners owe visitors?

A duty of reasonable care to everyone lawfully on the property. Minnesota long ago dropped the separate categories of invitee and licensee, so a customer, a tenant's guest and a contractor are all owed the same basic protection.

Reasonable care means inspecting for dangers, fixing them in a reasonable time and warning about hazards that cannot be fixed right away. The duty can be limited when a danger is known or obvious, unless the owner should expect people to encounter it anyway, such as an icy step that is the only way into a building. Trespassers are owed less, though special rules protect children drawn to dangerous conditions.

How do snow and ice claims work in Minnesota?

Owners are not expected to keep every surface bare during a storm, but they must act reasonably once conditions allow. The question is what was done, and when.

These cases often turn on records:

• snow removal contracts and plowing logs,
• salting and sanding schedules,
• weather data showing when snow stopped and temperatures changed,
• complaints from tenants or customers before the fall.

Refreezing is a common problem. Snowbanks melt during the day and refreeze across walkways at night, and gutters drip onto sidewalks. An owner who knows about a recurring ice spot and does nothing may be responsible even on a clear day.

How does fault sharing reduce a premises award?

Minnesota reduces your award by your share of fault and bars recovery only if your fault is greater than the owner's.

Picture a tenant in a Saint Paul apartment building who falls on a refrozen patch below a broken downspout she had reported twice. A jury values her losses at $110,000 and finds her 35 percent at fault for not using the other entrance. She recovers $71,500. Had the jury placed her at 55 percent, she would recover nothing from the landlord.

Which Minnesota properties produce premises claims?

Weather, tourism and big crowds account for many of them.

Stores and shopping centers

Large malls in the Twin Cities suburbs, big-box stores and grocery chains see falls near wet entrances, in cluttered aisles and in icy parking lots.

Lake country and resorts

Docks, boat launches, cabins and resort decks create summer claims for rotted boards, missing railings and unmarked drop-offs. Rental cabin owners must also address hazards they know about. Many docks are taken out each fall and put back each spring, and a dock reinstalled carelessly can shift or collapse under a guest. Stairs cut into steep lakeside slopes are another frequent source of falls, especially at night or after rain.

Apartments and rental housing

Older buildings in Minneapolis, Saint Paul and Duluth can have steep stairs, loose handrails and poorly lit entries. Landlords who control common areas must keep them reasonably safe and respond to repair requests within a reasonable time.

Events and venues

Stadiums, the State Fair, ski areas and concert venues bring dense crowds, stairs and seasonal hazards.

Negligent security

An owner may share responsibility for an assault in a parking ramp or apartment building when it failed to take reasonable precautions against a foreseeable danger. Broken locks and poor lighting are common issues. See our premises liability practice.

What if you were hurt on public land or recreational property?

Claims against a Minnesota city, county or other municipality generally require written notice within 180 days. Some public functions are also protected by immunity, so these claims need early review.

Minnesota's recreational use statute protects landowners who let the public use land for recreation without charge, generally limiting liability to more serious misconduct. Trails, open land and some parks fall under these rules. Our government property claims team handles notice and immunity questions.

What should you do after a fall in Minnesota?

1. Report the fall and ask for a copy of the incident report.
2. Photograph the hazard, footwear and lighting immediately.
3. Note the weather and when snow last fell.
4. Get medical care and keep records.
5. Ask in writing that video be preserved.

Dog attacks on property follow Minnesota's strict liability statute, discussed on our dog bite page. For other state rules, see our Minnesota injury overview. Our team offers a free case review, and you pay no fee unless we win.