Minnesota Tort Laws

3M, a company headquartered in Minnesota, has been caught up in numerous legal issues regarding its products and waste disposal procedures that have caused harm to many consumers. 

Back in 2010, 3M received a lawsuit from the State of Minnesota seeking payment for the damage to natural resources due to the company’s perfluorochemical disposal methods. It has been reported that 3M was aware of how the chemical was getting into groundwater even after stopping its production in 2002. To settle this allegation, 3M agreed to pay $850 million before the lawsuit reached trial.

More recently, at the start of August 2023, 3M faced one of its biggest mass tort claims, with approximately 240,000 individuals suing the company for its Combat Arms earplugs products. From 2003 to 2015, the U.S. military trained in Afghanistan and Iraq using these products made by 3M-owned Aearo Technologies. 

As per media reports, people who have used the earplugs claimed that they were defective and failed to protect their ears from loud noises, eventually leading to problems such as hearing loss and tinnitus. This case is expected to run for up to six years, from 2023 to 2029, making it one of the most expensive and longest tort cases in Indiana.

Tort, in the legal context, is a civil wrong that leads to the injuries of an individual, resulting in liability for the person committing the tort. Minnesota tort laws cover situations involving personal injuries inflicted upon individuals, but this does not mean that tort and personal injury are the same. Tort is a broader term within which personal injury is but a category. 

This article will discuss the various types of torts in Minnesota, along with their differences in personal injury and mass tort cases. 

Basic Tort Categories in Minnesota

Negligent Torts

Under Minnesota tort laws, a party is held guilty of negligence when they breach their legal duty of care to another party, which directly causes the other party harm and damage.

The state’s negligence laws also involve four elements, just like any other state in the U.S. These elements of causation are the factors that the court looks at when determining negligence in Minnesota. These factors include duty, breach, legal cause, and damage.

A few examples that fall under negligence cases are:

• Companies selling faulty products.

• Medical providers not meeting the required standard of care.

• Pet owners failing to restrain their dangerous animals.

• And grocery stores and restaurant owners violating food safety regulations.

Victims of negligence should see a personal injury lawyer in Minnesota who can help evaluate their case and pursue legal action against negligent parties. 

Intentional Torts

Intentional tort in Minnesota, also known as intentional misconduct, differs from negligence due to intent. Meanwhile, negligence is when people do reckless acts but do not intend to harm another party.

Intentional tort can stem from various acts, as outlined in the next sections.

Assault and Battery

In Minnesota, battery is defined as causing offensive contact or harm to another, while assault generally centers on creating fear in the affected individuals. 

Assault is often combined with the concept of battery. Minnesota recognizes five different assault offenses, which may be considered intentional torts but may lead to criminal charges depending on the severity. Fifth-degree assault is on the lowest tier as a misdemeanor. An example of this misdemeanor charge is someone trying to scare another person intentionally, whether the threat is injury or death.

Defamation, Libel, and Slander

Defamation happens when someone deliberately releases a false statement about another person, causing harm to their reputation in the community. It is divided into either slander or libel, which constitute oral and written defamation, respectively.

For someone to accuse another person of defamation in Minnesota, they need to establish various elements, such as proving that:

• A witness heard or read the defamatory statement.

• The statement is false.

• The statement was made with the intent to harm the plaintiff’s reputation.

• The false statement logically points to the plaintiff.

Strict Liability Torts

Strict liability is usually applied in tort cases, where a defendant will be held liable for their actions without having to prove intent or fault. Under Minnesota tort laws, strict liability torts are most commonly associated with defective product issues.

In these product liability issues, the manufacturer or even the seller responsible for distributing the product can be sued by consumers suffering harm after using the products. As mentioned in the introduction of this article, 3M’s case falls under the strict liability tort, where many people can hold 3M responsible for their defective products.

Strict liability torts can also apply to situations where an individual owns certain animals that pose harm to people. 

Other Tort Categories in Minnesota

Economic Torts

Economic or business torts are issues that arise during business deals and can cause financial losses. The issues commonly involve actions that harm an individual or the company’s finances without causing physical harm.

Common cases that fall under the economic torts category in Minnesota include:

• Fraud - This involves intentionally deceiving someone to gain an unfair advantage or even cause harm to them. An example of this tort is selling an item and lying about its condition to get a higher price, thus leading to the buyer suffering financial loss.

• Interference with contractual relations - This type of tort happens when a third party intentionally interferes with a contractual relationship between two parties, leading to economic harm.

• Negligent misrepresentation - Cases like this happen when false information about a specific party is provided due to carelessness or negligence. An insurance agent providing a buyer with inaccurate information is an example. 

Tort vs. Crime in Minnesota

Torts differ from crime in Minnesota, like in other states. A tort is described as a civil wrongdoing, while a crime is an action prohibited by society.

People convicted of criminal offenses will be punished through hefty fines, probation, and imprisonment. This is done to maintain civil order in society. People who commit torts will be ordered to pay for the damage resulting from their actions.

Mass Torts in Minnesota

Drawing from this article’s introduction, both 3M’s chemical disposal and earplug issue can fall under mass torts in Minnesota. These cases involve offenses classified as torts in the state as well as common factors affecting a large group of individuals.

However, there are times when people are unsure whether they should file with the group of plaintiffs or wait to file their case individually. 

Mass Torts vs. Class Actions

Although mass torts and class actions may seem similar on the surface, these civil actions are distinct. They may have the same concept, wherein numerous individuals file a case against the defendant, but the way the cases are filed and handled by the court is different.

In a mass tort claim, affected individuals will each file individual cases, while in a class action claim, these individuals will join forces to file one big lawsuit against the defendant.

The main goal of mass torts is for people to seek compensation as individuals, while class actions seek settlement as a group. Thus, in the latter, the settlement award will be divided among the member plaintiffs. This factor is an important consideration when deciding whether to file a class action or a mass tort claim.

The Mass Tort Process

Mass tort litigation attorneys need to ensure that the plaintiff’s cases are strong enough to secure a settlement award at the end. They need to carefully follow the mass tort processes that entail:

1. Reviewing the plaintiff’s case and records

Details of the plaintiff’s case, such as their claim and the extent of injury they are experiencing, will need to be evaluated by the attorney. This process will also include reviewing the plaintiff’s previous medical records to ensure that their injury is not a pre-existing condition. 

1. Distinguishing the uniformity of the plaintiffs’ injuries

The attorney must distinguish a pattern amongst the plaintiff’s injuries to see if they fit an existing mass tort claim. If need be, they will check and join an existing claim. 

2. Filing the lawsuit

Mass tort cases in Minnesota are filed in the state court even if the plaintiffs reside in various parts of the state. 

3. Going through multidistrict litigation

Multidistrict litigation happens when several mass tort cases with similar facts are pending in different federal courts. The Judicial Panel on Multidistrict Litigation may transfer these cases to a single federal court. This process helps organize matters together before the actual trial starts.  

4. Undergo a bellwether trial

A bellwether trial is similar to a test trial that helps parties figure out how the rest of the lawsuits might go. It will also give plaintiffs a chance to present evidence to the court and focus on the strongest parts of their case. By doing this, plaintiffs can also figure out how likely their arguments are to succeed in court.

5. Negotiating for settlement or resolution

The timeline for achieving these stages may differ, depending on the complexity of the case. Before a lawsuit can proceed to trial, the defending party often strives to settle the case if they assess that proceeding to trial is costly. There may be several rounds of negotiations before a settlement can be reached.

6. Going to trial

When both parties cannot settle, a trial is likely imminent. This procedure involves presenting evidence and making legal arguments. The judge or jury of the trial will decide the outcome of the case based on the arguments and facts presented.

The final verdict may not always be the definitive result of the case, as the losing party may still file an appeal. 

Minnesota Tort Liability Insurance Requirements

Business owners in Minnesota have the option to purchase from a variety of commercial insurance options to protect their businesses from risks. 

One of these options is product liability insurance, which will provide financial coverage to the manufacturer when an injured consumer using their products files a lawsuit. The insurance is also designed to cover the finished products once they leave the manufacturer. It can help with mass tort claims in Minnesota related to dangerous products, defective drugs or medical devices, and exposure to toxic substances.

Another type of insurance that businesses can opt for is commercial general liability coverage. It gives coverage for events where the business is held liable for property damage, bodily injury, or personal injury, such as libel, slander, or false advertising. A customer who slips and falls inside a store's premises due to unmarked wet floors is an example of this event. The customer may sue the store for damages resulting from the injuries that they sustained in the accident. The insurance will pay for the medical expenses of the victim along with the legal costs associated with the complaint.

The Statute of Limitations for Tort Cases in Minnesota

There are different statutes of limitations for tort cases in Minnesota, depending on the category. The following table summarizes the different deadlines for filing lawsuits:

For plaintiffs who were under 18 years old when the injury was discovered, they will have to wait until they reach 19 to file the case.

How Much Can Someone Sue in a Tort Case in Minnesota?

Mass tort plaintiffs in Minnesota can recover all the damages (the legal term for compensation) they experienced because the state does not impose caps on economic damages for personal injury cases. This is one of the reasons why the settlement for the mass tort lawsuit against 3M is expected to reach billions of dollars by 2029.

Economic damages include quantifiable losses resulting from the plaintiff’s injury, such as medical expenses, property damage, lost wages, and other out-of-pocket expenses.

In addition to economic damages, plaintiffs can pursue compensation for non-economic or unquantifiable losses, such as emotional distress, physical injury, or loss of enjoyment of life. The settlement award given to the plaintiff is calculated from these damages, depending on the extent and how the injury affected the plaintiff.

The court may also award punitive damages not to compensate the person who filed the lawsuit but to punish the one being sued.

Minnesota’s Comparative Negligence Rule

Minnesota follows the modified comparative negligence rule. This means that if it is proven that the plaintiff was partly responsible for their injuries, the court will reduce their settlement award based on the percentage of your fault.

However, if it were determined that you were more than 50% liable for your injuries, you would not be able to receive any compensation for your injuries.

Other Legal Remedies in Tort Cases in Minnesota

In addition to damages, other legal remedies, such as an injunction, are available for plaintiffs in Minnesota.

An injunction involves seeking a court order to stop a person from doing unauthorized activities or violating laws. The said actions could include those that pose a risk of harm to others.

Let’s say someone files an intentional tort lawsuit against another person, particularly in a defamation case. To stop such a person from making further false statements, the plaintiff can ask the court for an injunction.

This remedy can also be applied to a negligence tort claim, such as a company producing and throwing toxic waste in a certain area. In this situation, plaintiffs can use this remedy to put a stop to the company’s polluting activities.

Resources for Tort Victims in Minnesota

Minnesota State Law Library

The Product Liability page of the Minnesota State Law Library is designed to provide residents of Minnesota access to legal materials to help with their product liability cases from the comfort of their homes. This page has information on the fundamental aspects of product liability as well as specific topics such as drug injury and pharmaceutical and medical device litigation.

Minnesota Day One Crisis Line

The Minnesota Day One Crisis Line is dedicated to helping victims of domestic abuse. Assault and battery should be addressed immediately. The non-profit organization has both a crime and crisis hotline; the latter can be reached by dialing 1-866-223-111. This hotline also has deaf and hard-of-hearing access.

Volunteer Lawyers Network

Volunteer Lawyers Network is a non-profit organization established in 1966. It caters to low-income people in Minnesota, providing civil legal services, whether it’s a tort or personal injury claim. The organization’s mission is to promote and safeguard the fundamental needs of people in poverty through its legal volunteers.