Minnesota Store Falls: Hold Negligent Owners Liable

Premises Liability Basics in Minnesota

Minnesota property owners and those who control premises owe people lawfully on the property a duty to use reasonable care under the circumstances. In retail settings, that generally includes reasonable inspections to discover hazards and either fix them or warn customers. The Minnesota Supreme Court abolished invitee/licensee distinctions for lawful entrants and adopted a general duty of reasonable care to entrants. See Peterson v. Balach, 294 Minn. 161, 199 N.W.2d 639 (1972); Louis v. Louis, 636 N.W.2d 314 (Minn. 2001).

Whether the store acted reasonably is fact-specific and can include considerations like the foreseeability of harm, the store’s inspection and cleaning practices, and the nature of the area where the fall occurred.

What You Must Prove

A store-fall claim is a negligence claim. Generally, you must prove: (1) duty, (2) breach of that duty, (3) causation, and (4) damages. See Lubbers v. Anderson, 539 N.W.2d 398, 401 (Minn. 1995); Domagala v. Rolland, 805 N.W.2d 14, 22 (Minn. 2011).

Proof often involves store policies and procedures, inspection/cleaning logs, incident reports, surveillance video, photographs, and witness testimony.

Common Store Hazards

Typical hazards include spills and tracked-in moisture, dropped produce or merchandise, uneven mats or curled rugs, loose tiles, abrupt changes in elevation, inadequate lighting, defective handrails, icy or slushy entrances, and cluttered aisles during stocking.

Comparative Fault Can Reduce Recovery

Minnesota follows a modified comparative fault system. If you are partly at fault (for example, ignoring a visible warning or not watching your step), your damages can be reduced proportionally. If your fault is greater than the fault of the party (or parties) you are suing, you are barred from recovery. See Minn. Stat. § 604.01.

Notice: Actual, Constructive, and Mode of Operation

In slip-and-fall cases, a key question is whether the store had notice of the hazard. You can show: (1) actual notice (employees knew of the condition), (2) constructive notice (the condition existed long enough that reasonable inspections should have discovered it), or (3) that the store itself created the condition. Minnesota courts generally require proof of actual or constructive notice unless the defendant created the hazard. See Messner v. Red Owl Stores, Inc., 238 Minn. 411, 57 N.W.2d 659 (1953).

Some jurisdictions recognize a standalone mode-of-operation doctrine for self-service settings. Minnesota appellate courts have not adopted a separate mode-of-operation rule; however, a store’s method of operation can still be relevant to foreseeability and whether the store acted reasonably under the circumstances. See Peterson; Louis.

Evidence to Preserve Right Away

• Report the incident to the store and request an incident report.
• Ask the store to preserve surveillance video.
• Photograph or record the hazard and surrounding area immediately.
• Get names and contact information for witnesses and employees.
• Preserve your footwear and clothing.
• Keep receipts and loyalty-app or banking timestamps showing where and when you were shopping.

Medical Care and Documentation

Seek prompt evaluation and follow your provider’s recommendations. Tell providers how the fall happened so your records reflect the mechanism of injury. Keep copies of bills, records, work restrictions, mileage, and out-of-pocket costs—consistent documentation strengthens causation and damages proof.

Practical Tips

Dealing With Insurers

Store and insurance representatives may contact you quickly for statements or broad medical authorizations. Consider speaking with an attorney before giving a recorded statement or signing releases. Early settlement offers may not reflect the full extent of your injuries or future care needs.

Time Limits and Notice Requirements

Minnesota law imposes deadlines to file personal-injury claims and, for claims against government entities, short notice requirements. The general statute of limitations for negligence is found at Minn. Stat. § 541.05. Claims against municipalities often require notice within 180 days (Minn. Stat. § 466.05), and claims against the State of Minnesota have similar notice provisions (Minn. Stat. § 3.736). Deadlines can vary based on the facts and parties involved, so speak with a Minnesota attorney promptly.

How a Lawyer Can Help

An attorney can investigate store practices and the scene, secure video and logs, work with safety and human-factors experts, calculate full damages, negotiate with insurers, and, if needed, file suit and present your case to a jury.

Checklist: What to Do Next

FAQ

Do I need to prove the store knew about the hazard?

You must generally show the store had actual or constructive notice of the condition, or that the store created it. Evidence like time-stamped photos, video, or logs can help.

What if I was looking at my phone when I fell?

Your recovery can be reduced by your percentage of fault under Minnesota’s modified comparative fault rule. You can recover so long as your fault is not greater than the store’s.

How soon should I contact a lawyer?

As soon as possible. Early action helps preserve video, incident reports, and witness information that can disappear quickly.

Will my case go to trial?

Many cases settle, but some go to trial. Strong evidence and clear damages increase the likelihood of a fair settlement.

Take the Next Step

Contact us to discuss your Minnesota store-fall claim and your options.

Sources

• Minn. Stat. § 604.01 (Comparative Fault)
• Peterson v. Balach, 294 Minn. 161, 199 N.W.2d 639 (1972)
• Louis v. Louis, 636 N.W.2d 314 (Minn. 2001)
• Lubbers v. Anderson, 539 N.W.2d 398 (Minn. 1995)
• Domagala v. Rolland, 805 N.W.2d 14 (Minn. 2011)
• Messner v. Red Owl Stores, Inc., 238 Minn. 411, 57 N.W.2d 659 (1953)
• Minn. Stat. § 541.05 (Limitations of Time)
• Minn. Stat. § 466.05 (Notice of Claim; Municipalities)
• Minn. Stat. § 3.736 (Claims Against State)
• Minnesota Judicial Branch — Civil Torts (overview)

Disclaimer (Minnesota): This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines can change and may vary based on your situation. Consult a Minnesota attorney about your specific facts.