Statute of Limitations: Minnesota's Law

Bring a claim timely or you lose it—that's the gist of Minnesota's statute of limitations. But, exactly what the timeframe is to bring an action isn't always clear. Here's a look at a few items of interest.

Minnesota Statute Section 541.05 requires actions of these natures to be brought within six years:

(1) upon a contract or other obligation, express or implied, as to which no other limitation is expressly prescribed;

(2) upon a liability created by statute, other than those arising upon a penalty or forfeiture or where a shorter period is provided by section 541.07;

(3) for a trespass upon real estate;

(4) for taking, detaining, or injuring personal property, including actions for the specific recovery thereof;

(5) for criminal conversation, or for any other injury to the person or rights of another, not arising on contract, and not hereinafter enumerated;

(6) for relief on the ground of fraud, in which case the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;

(7) against sureties upon the official bond of any public officer, whether of the state or of any county, town, school district, or a municipality therein; in which case the limitation shall not begin to run until the term of such officer for which the bond was given shall have expired;

(8) for damages caused by a dam, used for commercial purposes; or

(9) for assault, battery, false imprisonment, or other tort resulting in personal injury, if the conduct that gives rise to the cause of action also constitutes domestic abuse as defined in section 518B.01.

But, actions for adverse possession, which may result from a failed contract, are not subject to the statute and can be brought upon discovery of the claim.

Slightly more restrictive though is the four-year statute of limitations for any action based on the strict liability of the defendant and arising from the manufacture, sale, use or consumption of a product.

Finally, although these are the statutory prescribed limits, your contract can further limit the time you have to bring a claim.

So much as the statutory timeframes are laid out, there are a lot of angles to consider. Your best course of action is, of course, to move promptly, but even if you have not done so you might still have time.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.

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