Premises Liability in Minnesota: Maximize Your Payout After a Fall

What Is Premises Liability in Minnesota?

Premises liability is the law that holds property owners and possessors responsible when unsafe conditions on their property cause injuries. In Minnesota, the Supreme Court has imposed a general duty of reasonable care to entrants—rather than older invitee/licensee categories—requiring owners to act reasonably to maintain safe premises and, where appropriate, warn of hazards they know or should discover. See Peterson v. Balach and Louis v. Louis.

Common Causes of Falls

• Ice and snow accumulation and inadequate treatment
• Wet or freshly mopped floors without warnings
• Uneven sidewalks, potholes, or broken steps
• Loose handrails or insecure stair treads
• Cluttered walkways and poor lighting
• Building code or maintenance lapses in common areas

Key Elements You Must Prove

• Hazard: A dangerous condition existed.
• Notice: The owner or possessor knew or, in the exercise of reasonable care, should have known about it.
• Breach: They failed to use reasonable care to repair, make safe, or warn.
• Causation and damages: That failure caused your injuries and measurable losses.

What “reasonable care” requires can vary with the type of property, use of the area, foreseeability of harm, and the owner’s opportunity to discover and remedy the condition. See Peterson v. Balach.

Comparative Fault Can Reduce Your Recovery

Minnesota follows a modified comparative fault rule. If you share responsibility—for example, by being distracted, ignoring warnings, or wearing unsafe footwear—your damages can be reduced in proportion to your fault. If your share of fault is greater than the fault of the party from whom you seek damages, you may be barred from recovery. See Minn. Stat. § 604.01.

Special Considerations for Ice and Snow

Winter hazards are common in Minnesota. Owners and occupiers are expected to use reasonable care under the circumstances, which can include timely removal or treatment (e.g., sand/salt) and warnings. What is reasonable depends on the weather, timing, the nature of the property, and whether the condition was foreseeable and could be addressed safely. Open and obvious winter hazards are evaluated under Minnesota’s duty and breach framework described in Louis v. Louis.

Open and Obvious Conditions

In Minnesota, the open and obvious nature of a danger is relevant to whether the landowner breached the duty of reasonable care and to comparative fault. A landowner might not need to warn about an obvious condition if harm is not reasonably foreseeable despite the obviousness; however, liability may still exist where injury remains foreseeable. See Louis v. Louis.

Evidence That Strengthens Your Claim

• Photos/video of the hazard and your injuries taken as soon as possible
• Witness names and contact information; written or recorded statements
• Incident reports, maintenance logs, and vendor contracts
• Surveillance footage and, for winter cases, weather data
• Footwear and clothing preserved in their post-incident condition
• Medical records and bills; a symptom and activity diary

Medical Care and Documentation

Get prompt medical care and follow your provider’s instructions. Consistent treatment records help connect the fall to your injuries and quantify damages such as medical expenses, lost wages, and pain and suffering.

Dealing With Insurance

Insurers often dispute liability, argue comparative fault, or downplay injuries. Consider avoiding recorded statements before speaking with counsel, and do not sign broad medical authorizations. Provide only necessary documentation and let your attorney handle communications and negotiation.

Deadlines and Special Rules

General statute of limitations

Many Minnesota negligence claims have a general six-year statute of limitations. Some claims have shorter or different deadlines. See Minn. Stat. § 541.05. Do not wait—missing a deadline can end your claim.

Claims involving government property

Extra rules apply when the state, a county, city, school district, or other public entity is involved. Written notice is generally required within 180 days, and liability limits may apply. See the Minnesota Tort Claims Act for state claims (Minn. Stat. § 3.736) and municipal claims (Minn. Stat. § 466.05 notice; Minn. Stat. § 466.04 limits). These cases often have shorter timelines and additional procedural steps.

Recreational use immunity

Minnesota law limits liability for certain landowners who open their land for recreational use without charge. See Minn. Stat. §§ 604A.20–604A.27. Whether an immunity applies depends on the facts.

Practical Steps to Maximize Your Payout

• Report the incident promptly and request any incident report.
• Photograph the hazard and surrounding area from multiple angles.
• Preserve footwear and clothing as-is; do not clean or alter.
• Identify witnesses and secure their contact information.
• Seek timely medical care and follow your treatment plan.
• Keep a written log of pain, limitations, and missed activities.
• Avoid social media posts about the incident or your injuries.
• Consult an attorney early to investigate, preserve evidence, and manage deadlines.

Potential Damages in Minnesota Premises Cases

Recoverable damages can include medical expenses (past and future), lost wages and diminished earning capacity, rehabilitation and assistive device costs, and non-economic damages such as pain, suffering, disability, disfigurement, and loss of enjoyment of life.

FAQs

How long do I have to file a Minnesota premises liability claim?

Many negligence claims have a six-year limitations period, but some have shorter deadlines, especially claims against government entities. Speak with an attorney promptly to confirm your specific deadline.

What if the hazard was open and obvious?

Obviousness is considered in deciding whether the landowner breached the duty of reasonable care and in allocating comparative fault. Liability can still exist if injury was reasonably foreseeable.

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

You must show actual or constructive notice—either the owner knew about the condition or should have discovered it through reasonable care.

Will my recovery be reduced if I was partly at fault?

Yes. Your damages can be reduced by your percentage of fault. If your fault is greater than the party you sue, you may be barred from recovery.

Should I give a recorded statement to the insurer?

Not before speaking with counsel. Insurers may use statements to minimize your claim. Let your attorney coordinate communications.

When to Contact a Lawyer

Early legal guidance helps preserve critical evidence, identify all responsible parties, and navigate comparative fault and defenses. An attorney can coordinate expert inspections, secure surveillance footage, and handle insurer communications to position your case for the best possible result.

Have questions about a Minnesota fall? Contact our team for a free, confidential consultation.

Minnesota-specific notice and limitations periods and other defenses can change and may depend on your facts. Consult a licensed Minnesota attorney about your situation.