reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 595 - 603 — Evidence › Chapter 602 — Competent Evidence › Section 602.02 — Fact Of Marriage, How Proved.

602.02 FACT OF MARRIAGE, HOW PROVED.
When the fact of marriage is required or offered to be proved before any court, evidence of the admission of such fact by the party against whom the proceeding is instituted, or of general repute, or of cohabitation as married persons, or any other circumstantial or presumptive evidence from which the fact may be inferred, shall be competent.
History:
(9899) RL s 4740
2023 Minnesota Statutes › Chapters 595 - 603 — Evidence › Chapter 602 — Competent Evidence › Section 602.03 — Evidence Of Corporation Or Copartnership.

602.03 EVIDENCE OF CORPORATION OR COPARTNERSHIP.
In actions brought by a corporation or by any persons as copartners, or by the endorsees of any such corporation or copartners, upon any written instrument for the payment of money only, executed by the defendant to such corporation by its corporate name, or to such copartners by their firm name, the production in evidence of the instrument upon which the action is brought shall be prima facie evidence of the existence of such corporation, or that the persons named as payees in such instrument are, and at the time of its execution were, such copartners.
History:
(9897) RL s 4738
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.02 — Apportionment Of Damages.

604.02 APPORTIONMENT OF DAMAGES.
Subdivision 1.
Joint liability.
When two or more persons are severally liable, contributions to awards shall be in proportion to the percentage of fault attributable to each, except that the following persons are jointly and severally liable for the whole award:
(1) a person whose fault is greater than 50 percent;
(2) two or more persons who act in a common scheme or plan that results in injury;
(3) a person who commits an intentional tort; or
(4) a person whose liability arises under chapters 18B - pesticide control, 115 - water pollution control, 115A - waste management, 115B - environmental response and liability, 115C - leaking underground storage tanks, and 299J - pipeline safety, public nuisance law for damage to the environment or the public health, any other environmental or public health law, or any environmental or public health ordinance or program of a municipality as defined in section 466.01.
This section applies to claims arising from events that occur on or after August 1, 2003.
Subd. 2.
Reallocation of uncollectible amounts generally.
Upon motion made not later than one year after judgment is entered, the court shall determine whether all or part of a party's equitable share of the obligation is uncollectible from that party and shall reallocate any uncollectible amount among the other parties, including a claimant at fault, according to their respective percentages of fault. A party whose liability is reallocated is nonetheless subject to contribution and to any continuing liability to the claimant on the judgment.
Subd. 3.
Product liability; reallocation of uncollectible amounts.
In the case of a claim arising from the manufacture, sale, use or consumption of a product, an amount uncollectible from any person in the chain of manufacture and distribution shall be reallocated among all other persons in the chain of manufacture and distribution but not among the claimant or others at fault who are not in the chain of manufacture or distribution of the product. Provided, however, that a person whose fault is less than that of a claimant is liable to the claimant only for that portion of the judgment which represents the percentage of fault attributable to the person whose fault is less.
History:
1978 c 738 s 8; 1986 c 444; 1986 c 455 s 85; 1988 c 503 s 3; 1989 c 209 art 1 s 44; 2003 c 71 s 1
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.03 — Useful Life Of Product.

604.03 USEFUL LIFE OF PRODUCT.
Subdivision 1.
Expiration as defense.
In any action for the recovery of damages for personal injury, death or property damage arising out of the manufacture, sale, use or consumption of a product, it is a defense to a claim against a designer, manufacturer, distributor or seller of the product or a part thereof, that the injury was sustained following the expiration of the ordinary useful life of the product.
Subd. 2.
Determination.
The useful life of a product is not necessarily the life inherent in the product, but is the period during which with reasonable safety the product should be useful to the user. This period shall be determined by reference to the experience of users of similar products, taking into account present conditions and past developments, including but not limited to (1) wear and tear or deterioration from natural causes, (2) the progress of the art, economic changes, inventions and developments within the industry, (3) the climatic and other local conditions peculiar to the user, (4) the policy of the user and similar users as to repairs, renewals and replacements, (5) the useful life as stated by the designer, manufacturer, distributor, or seller of the product in brochures or pamphlets furnished with the product or in a notice attached to the product, and (6) any modification of the product by the user.
History:
1978 c 738 s 9
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.04 — Notice Of Possible Claim.

604.04 NOTICE OF POSSIBLE CLAIM.
Subdivision 1.
Persons receiving notice; timing.
The attorney for a person who intends to claim damage for or on account of personal injury, death or property damage arising out of the manufacture, sale, use or consumption of a product shall cause to be presented a notice of possible claim stating the time, place and circumstances of events giving rise to the claim and an estimate of compensation or other relief to be sought. This notice shall be given within six months of the date of entering into an attorney-client relation with the claimant in regard to the claim. Notice shall be given to all persons against whom the claim is likely to be made. Any person in the chain of manufacture and distribution shall promptly furnish to the claimant's attorney the names and addresses of all persons the person knows to be in the chain of manufacture and distribution if requested to do so by the attorney at the time the notice is given. Failure to furnish this information shall subject the person to the liability provided for in subdivision 3.
Actual notice of sufficient facts to reasonably put a person against whom the claim is to be made or the person's insurer on notice of a possible claim satisfies the notice requirements of this section. Failure to state an estimate of the amount of compensation or other relief demanded does not invalidate the notice, but the claimant shall furnish full information regarding the nature and extent of the injuries and damages within 15 days after demand by a person to whom the notice was given or by the person's insurer.
Subd. 2.
Unreasonable delay.
A claimant who delays entering into an attorney-client relation with the purpose of delaying unreasonably the notice required by subdivision 1 is subject to liability as provided in subdivision 3.
Subd. 3.
Failure to notify.
Any person injured by the failure of a claimant or the claimant's attorney or of a person in the chain of manufacture and distribution to comply with the requirements of this section may recover damages, costs and reasonable attorney fees from a person who violated this section, but failure to give notice does not affect the validity of a claim against a party who did not receive notice.
History:
1978 c 738 s 10; 1986 c 444
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.055 — Waiver Of Liability For Negligent Conduct.

604.055 WAIVER OF LIABILITY FOR NEGLIGENT CONDUCT.
Subdivision 1.
Certain agreements are void and unenforceable.
An agreement between parties for a consumer service, including a recreational activity, that purports to release, limit, or waive the liability of one party for damage, injuries, or death resulting from conduct that constitutes greater than ordinary negligence is against public policy and void and unenforceable.
The agreement, or portion thereof, is severable from a release, limitation, or waiver of liability for damage, injuries, or death resulting from conduct that constitutes ordinary negligence or for risks that are inherent in a particular activity.
Subd. 2.
Party or parties.
For the purposes of this section, "party" or "parties" includes a person, agent, servant, or employee of that party or parties, and includes a minor or another who is authorized to sign or accept the agreement on behalf of the minor.
Subd. 3.
Other void and unenforceable agreements.
This section does not prevent a court from finding that an agreement is void and unenforceable as against public policy on other grounds or under other law.
Subd. 4.
Nonapplication to certain claims.
This section does not apply to claims against the state pursuant to section 3.736 or a municipality pursuant to section 466.02.
History:
2013 c 118 s 1
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.06 — Fireman's Rule.

604.06 FIREMAN'S RULE.
The common law doctrine known as the fireman's rule shall not operate to deny any peace officer, as defined in section 626.84, subdivision 1, paragraph (c), or public safety officer, as defined in section 299A.41, subdivision 4, a recovery in any action at law or authorized by statute.
History:
1982 c 601 s 3; 1983 c 159 s 1; 1987 c 384 art 1 s 45; 1991 c 199 art 2 s 28
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.10 — Economic Loss Arising From The Sale Of Goods.

604.10 ECONOMIC LOSS ARISING FROM THE SALE OF GOODS.
(a) Economic loss that arises from a sale of goods that is due to damage to tangible property other than the goods sold may be recovered in tort as well as in contract, but economic loss that arises from a sale of goods between parties who are each merchants in goods of the kind is not recoverable in tort.
(b) Economic loss that arises from a sale of goods, between merchants, that is not due to damage to tangible property other than the goods sold may not be recovered in tort.
(c) The economic loss recoverable in tort under this section does not include economic loss due to damage to the goods themselves.
(d) The economic loss recoverable in tort under this section does not include economic loss incurred by a manufacturer of goods arising from damage to the manufactured goods and caused by a component of the goods.
(e) This section shall not be interpreted to bar tort causes of action based upon fraud or fraudulent or intentional misrepresentation or limit remedies for those actions.
History:
1991 c 352 s 2; 1993 c 91 s 1; 1Sp1998 c 2 s 1
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.12 — Restrictions On Denying Access To Places Of Public Accommodation; Civil Actions.

604.12 RESTRICTIONS ON DENYING ACCESS TO PLACES OF PUBLIC ACCOMMODATION; CIVIL ACTIONS.
Subdivision 1.
Definitions.
As used in this section:
(1) "place of public accommodation" has the meaning given in section 363A.03, subdivision 34, but excludes recreational trails;
(2) "criminal gang" has the meaning given in section 609.229, subdivision 1; and
(3) "obscene" has the meaning given in section 617.241, subdivision 1.
Subd. 2.
Prohibition.
(a) A place of public accommodation may not restrict access, admission, or usage to a person solely because the person operates a motorcycle or is wearing clothing that displays the name of an organization or association.
(b) This subdivision does not prohibit the restriction of access, admission, or usage to a person because:
(1) the person's conduct poses a risk to the health or safety of another or to the property of another; or
(2) the clothing worn by the person is obscene or includes the name or symbol of a criminal gang.
Subd. 3.
Civil cause of action.
A person injured by a violation of subdivision 2 may bring an action for actual damages, punitive damages under sections 549.191 and 549.20 in an amount not to exceed $500, injunctive relief, and reasonable attorney fees in an amount not to exceed $500.
Subd. 4.
Violation not a crime.
Notwithstanding section 645.241, a violation of subdivision 2 is not a crime.
History:
1998 c 367 art 11 s 18
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.13 — Destruction Of Field Crop Products, Animals, Organisms, Or Cells; Civil Liability.

604.13 DESTRUCTION OF FIELD CROP PRODUCTS, ANIMALS, ORGANISMS, OR CELLS; CIVIL LIABILITY.
Subdivision 1.
Liability.
No person other than the owner, designee, or agent may willfully and knowingly damage or destroy any field crop, animal, organism, or cell that is grown for testing or research purposes in conjunction or coordination with a private research facility or a university or a federal, state, or local government agency. A person who violates this subdivision is liable for three times the value of the crop, animal, organism, or cell damaged or destroyed, as provided in subdivisions 2 and 3. This section does not apply to crops, animals, organisms, or cells damaged or destroyed by emergency vehicles and personnel acting in a reasonable and prudent manner.
Subd. 2.
Damages; factors to consider.
In awarding damages under this section, the court shall consider the market and research value of the crop, animal, organism, or cell prior to damage or destruction, and production, research, testing, replacement, and development costs directly related to the crop, animal, organism, or cell that has been damaged or destroyed as part of the value.
Subd. 3.
Damages; limit.
Damages available under this section are limited to:
(1) three times the market and research value of the crop, animal, organism, or cell prior to damage or destruction plus three times the actual damages involving production, research, testing, replacement, and development costs directly related to the crop, animal, organism, or cell that has been damaged or destroyed; and
(2) an amount up to $100,000 to compensate for delays in completing testing or research resulting from a violation of subdivision 1.
History:
2002 c 348 s 1
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.14 — Civil Liability For Theft.

604.14 CIVIL LIABILITY FOR THEFT.
Subdivision 1.
Liability for theft of property.
A person who steals personal property from another is civilly liable to the owner of the property for its value when stolen plus punitive damages of either $50 or up to 100 percent of its value when stolen, whichever is greater. If the property is merchandise stolen from a retail store, its value is the retail price of the merchandise in the store when the theft occurred.
Subd. 2.
Notice.
In order to recover under subdivision 1 for the theft of a shopping cart, a store must have posted at the time of the theft a conspicuous notice describing the liability under subdivision 1.
Subd. 3.
Liability of parent or guardian.
Section 540.18 applies to this section, except that recovery is not limited to special damages.
Subd. 4.
Criminal action.
The filing of a criminal complaint, conviction, or guilty plea is not a prerequisite to liability under this section. Payment or nonpayment may not be used as evidence in a criminal action.
Subd. 5.
Recovery of property.
The recovery of stolen property by a person does not affect liability under this section, other than liability for the value of the property.
Subd. 6.
Right to demand payment.
A person may make a written demand for payment for the liability imposed by this section before beginning an action, including a copy of this section and a description of the liability contained in this section.
History:
1988 c 481 s 1; 1989 c 224 s 2; 1989 c 262 s 4
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.16 — Liability For Loss Suffered As A Result Of Peace Officer Pursuit; Penalties.

604.16 LIABILITY FOR LOSS SUFFERED AS A RESULT OF PEACE OFFICER PURSUIT; PENALTIES.
Subdivision 1.
Flee; definition.
For purposes of this section, the term "flee" means to increase speed, extinguish motor vehicle headlights or taillights, or to use other means with intent to attempt to elude a peace officer following a signal given by any peace officer to the driver of a motor vehicle.
Subd. 2.
Peace officer; definition.
For purposes of this section, "peace officer" means an employee of a political subdivision or state law enforcement agency who is licensed by the Minnesota Board of Peace Officer Standards and Training, charged with the prevention and detection of crime and the enforcement of the general criminal laws of the state and who has the full power of arrest, and shall also include the Minnesota State Patrol and Minnesota conservation officers.
Subd. 3.
Liability for loss.
If a peace officer is acting in the lawful discharge of an official duty, a person fleeing the peace officer by means of a motor vehicle or motorcycle is liable for all bodily injury and property damage suffered by any other person, except another person fleeing from a peace officer, arising out of the operation or use of a pursuing peace officer's vehicle, unless the peace officer is not exercising reasonable care.
History:
1981 c 37 s 2; 1981 c 312 s 3; 1984 c 445 s 1
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.175 — Compliance With Debt Collection Requirements.

604.175 COMPLIANCE WITH DEBT COLLECTION REQUIREMENTS.
(a) Any patient may bring an action to enjoin extraordinary collection actions taken by a nonprofit hospital if the hospital has failed to provide a plain language summary of the financial assistance policy. A prevailing patient is entitled to reasonable attorney fees and costs.
(b) For the purposes of this section:
(1) "extraordinary collection actions" means an action described in Code of Federal Regulations, title 26, section 1.501(r)-6;
(2) "financial assistance policy" means a written policy that meets the requirements described in Code of Federal Regulations, title 26, section 1.501(r)-4;
(3) "nonprofit hospital" means a hospital that claims federal tax status under United States Code, title 26, section 501(r); and
(4) "plain language summary" has the meaning given in Code of Federal Regulations, title 26, section 1.501(r)-1.
History:
2015 c 20 s 1; 2016 c 158 art 1 s 201
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.19 — Subversion Of Examination.

604.19 SUBVERSION OF EXAMINATION.
(a) A person engages in examination subversion practice when, with respect to a licensing or certifying examination, the person:
(1) removes from the examination room any examination materials without specific authorization;
(2) without authorization, discloses, publishes, transmits, or reconstructs by any means, including but not limited to memorization, any portion of the examination;
(3) pays or uses professional or paid examination takers for the purpose of reconstructing any portion of the examination;
(4) without authorization, obtains examination questions, answers, or materials, whether requested or not, either before, during, or after an examination;
(5) uses or purports to use any examination questions, answers, or materials that were improperly obtained from any examination for the purpose of instructing or preparing an applicant for examination;
(6) sells or offers to sell, distributes or offers to distribute, buys or offers to buy, or receives or possesses without authorization any portion of a future, current, or previously administered examination;
(7) communicates with any other person during the administration of an examination for the purpose of giving or receiving any unauthorized aid;
(8) copies answers from another examinee or permits the person's own answers to be copied by another examinee;
(9) possesses during the administration of the examination any books, equipment, notes, written or printed materials, or data of any kind, other than the examination materials distributed and materials otherwise specifically authorized to be possessed during the examination;
(10) takes an examination using the identity of another person or has another person take an examination using a false identity;
(11) engages in any other conduct that violates the security of the examination materials;
(12) attempts to engage in any act listed in this paragraph; or
(13) aids or abets another person to engage in any act listed in this paragraph.
(b) Any person damaged or likely to be damaged by an examination subversion practice may seek injunctive relief in district court and recovery of damages caused by the practice.
(c) The remedies provided in this subdivision are in addition to any other remedy or penalty that may be available for the same conduct as permitted by law.
History:
2010 c 202 s 1
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.20 — Definitions.

604.20 DEFINITIONS.
Subdivision 1.
General.
The definitions in this section apply to sections 604.20 to 604.205.
Subd. 2.
Emotionally dependent.
"Emotionally dependent" means that the nature of the patient's or former patient's emotional condition and the nature of the treatment provided by the psychotherapist are such that the psychotherapist knows or has reason to believe that the patient or former patient is unable to withhold consent to sexual contact by the psychotherapist.
Subd. 3.
Former patient.
"Former patient" means a person who was given psychotherapy within two years prior to sexual contact with the psychotherapist.
Subd. 4.
Patient.
"Patient" means a person who seeks or obtains psychotherapy.
Subd. 5.
Psychotherapist.
"Psychotherapist" means a physician, psychologist, nurse, chemical dependency counselor, social worker, member of the clergy, marriage and family therapist, mental health service provider, licensed professional counselor, or other person, whether or not licensed by the state, who performs or purports to perform psychotherapy.
Subd. 6.
Psychotherapy.
"Psychotherapy" means the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition.
Subd. 7.
Sexual contact.
"Sexual contact" means any of the following, whether or not occurring with the consent of a patient or former patient:
(1) sexual intercourse, cunnilingus, fellatio, anal intercourse or any intrusion, however slight, into the genital or anal openings of the patient's or former patient's body by any part of the psychotherapist's body or by any object used by the psychotherapist for this purpose, or any intrusion, however slight, into the genital or anal openings of the psychotherapist's body by any part of the patient's or former patient's body or by any object used by the patient or former patient for this purpose, if agreed to by the psychotherapist;
(2) kissing of, or the intentional touching by the psychotherapist of the patient's or former patient's genital area, groin, inner thigh, buttocks, or breast or of the clothing covering any of these body parts;
(3) kissing of, or the intentional touching by the patient or former patient of the psychotherapist's genital area, groin, inner thigh, buttocks, or breast or of the clothing covering any of these body parts if the psychotherapist agrees to the kissing or intentional touching.
"Sexual contact" includes requests by the psychotherapist for conduct described in clauses (1) to (3).
"Sexual contact" does not include conduct described in clause (1) or (2) that is a part of standard medical treatment of a patient.
Subd. 8.
Therapeutic deception.
"Therapeutic deception" means a representation by a psychotherapist that sexual contact with the psychotherapist is consistent with or part of the patient's or former patient's treatment.
History:
1986 c 372 s 1; 1Sp1986 c 3 art 2 s 22; 1987 c 347 art 1 s 19; 2003 c 118 s 3
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.201 — Cause Of Action For Sexual Exploitation.

604.201 CAUSE OF ACTION FOR SEXUAL EXPLOITATION.
A cause of action against a psychotherapist for sexual exploitation exists for a patient or former patient for injury caused by sexual contact with the psychotherapist, if the sexual contact occurred:
(1) during the period the patient was receiving psychotherapy from the psychotherapist; or
(2) after the period the patient received psychotherapy from the psychotherapist if (a) the former patient was emotionally dependent on the psychotherapist; or (b) the sexual contact occurred by means of therapeutic deception.
The patient or former patient may recover damages from a psychotherapist who is found liable for sexual exploitation. It is not a defense to the action that sexual contact with a patient occurred outside a therapy or treatment session or that it occurred off the premises regularly used by the psychotherapist for therapy or treatment sessions.
History:
1986 c 372 s 2
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.202 — Liability Of Employer.

604.202 LIABILITY OF EMPLOYER.
(a) An employer of a psychotherapist may be liable under section 604.201 if:
(1) the employer fails or refuses to take reasonable action when the employer knows or has reason to know that the psychotherapist engaged in sexual contact with the plaintiff or any other patient or former patient of the psychotherapist; or
(2) the employer fails or refuses to make inquiries of an employer or former employer, whose name and address have been disclosed to the employer and who employed the psychotherapist as a psychotherapist within the last five years, concerning the occurrence of sexual contacts by the psychotherapist with patients or former patients of the psychotherapist.
(b) An employer or former employer of a psychotherapist may be liable under section 604.201 if the employer or former employer:
(1) knows of the occurrence of sexual contact by the psychotherapist with patients or former patients of the psychotherapist;
(2) receives a specific written request by another employer or prospective employer of the psychotherapist, engaged in the business of psychotherapy, concerning the existence or nature of the sexual contact; and
(3) fails or refuses to disclose the occurrence of the sexual contacts.
(c) An employer or former employer may be liable under section 604.201 only to the extent that the failure or refusal to take any action required by paragraph (a) or (b) was a proximate and actual cause of any damages sustained.
(d) No cause of action arises, nor may a licensing board in this state take disciplinary action, against a psychotherapist's employer or former employer who in good faith complies with this section.
History:
1986 c 372 s 3
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.203 — Scope Of Discovery.

604.203 SCOPE OF DISCOVERY.
In an action for sexual exploitation, evidence of the plaintiff's sexual history is not subject to discovery except when the plaintiff claims damage to sexual functioning; or
(1) the defendant requests a hearing prior to conducting discovery and makes an offer of proof of the relevancy of the history; and
(2) the court finds that the history is relevant and that the probative value of the history outweighs its prejudicial effect.
The court shall allow the discovery only of specific information or examples of the plaintiff's conduct that are determined by the court to be relevant. The court's order shall detail the information or conduct that is subject to discovery.
History:
1986 c 372 s 4
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.204 — Admission Of Evidence.

604.204 ADMISSION OF EVIDENCE.
In an action for sexual exploitation, evidence of the plaintiff's sexual history is not admissible except when:
(1) the defendant requests a hearing prior to trial and makes an offer of proof of the relevancy of the history; and
(2) the court finds that the history is relevant and that the probative value of the history outweighs its prejudicial effect.
The court shall allow the admission only of specific information or examples of the plaintiff's conduct that are determined by the court to be relevant. The court's order shall detail the information or conduct that is admissible and no other such evidence may be introduced.
Violation of the terms of the order may be grounds for a new trial.
History:
1986 c 372 s 6
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.21 — Indemnity Agreements In Design Professional Services Contracts Void.

604.21 INDEMNITY AGREEMENTS IN DESIGN PROFESSIONAL SERVICES CONTRACTS VOID.
(a) A provision contained in, or executed in connection with, a design professional services contract is void and unenforceable to the extent it attempts to require an indemnitor to indemnify, to hold harmless, or to defend an indemnitee from or against liability for loss or damage resulting from the negligence or fault of anyone other than the indemnitor or others for whom the indemnitor is legally liable.
(b) For purposes of this section, "design professional services contract" means a contract under which some portion of the work or services is to be performed or supervised by a person licensed under section 326.02, and is furnished in connection with any actual or proposed maintenance of or improvement to real property, highways, roads, or bridges.
(c) This section does not apply to the extent that the obligation to indemnify, to hold harmless, or to defend an indemnitee is covered by insurance.
(d) This section does not apply to agreements referred to in section 337.03 or 337.04.
(e) A provision contained in, or executed in connection with, a design professional services contract for any actual or proposed maintenance of, or improvement to, real property, highways, roads, or bridges located in Minnesota that makes the contract subject to the laws of another state or requires that any litigation, arbitration, or other dispute resolution process on the contract occur in another state is void and unenforceable.
(f) This section supersedes any other inconsistent provision of law.
History:
2014 c 257 s 1; 2022 c 68 s 1
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.30 — Definitions.

604.30 DEFINITIONS.
(a) For the purposes of sections 604.30 and 604.31, the following terms have the meanings given.
(b) "Dissemination" means distribution to one or more persons, other than the person who is depicted in the image, or publication by any publicly available medium.
(c) "Image" means a photograph, film, video recording, or digital photograph or recording.
(d) "Intimate parts" means genitals, pubic area, or anus of an individual, or if the individual is female, a partially or fully exposed nipple.
(e) "Personal information" includes any identifier that permits communication or in-person contact with the person depicted in the image, including:
(1) the person's first and last name, first initial and last name, first name and last initial, or nickname;
(2) the person's home, school, or work address;
(3) the person's telephone number, email address, or social media account information; or
(4) the person's geolocation data.
(f) "Sexual act" means either sexual contact or sexual penetration.
(g) "Sexual contact" means the intentional touching of intimate parts or intentional touching with seminal fluid or sperm onto another person's body.
(h) "Social media" means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content.
(i) "Sexual penetration" means any of the following acts:
(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
(2) any intrusion, however slight, into the genital or anal openings of an individual by another's body part or an object used by another for this purpose.
History:
2016 c 126 s 1
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604 — Civil Liability › Section 604.415 — Civil Liability For Reproductive Health Penalties.

604.415 CIVIL LIABILITY FOR REPRODUCTIVE HEALTH PENALTIES.
Except when a case would be the basis for a valid cause of action in this state, a person against whom a judgment is entered pursuant to the laws of any other state based on the alleged provision, receipt, assistance in the provision or receipt, or material support in the provision or receipt of any reproductive health care services that are permitted in this state may bring an action against the person who brought the action leading to that judgment or who sought to enforce that judgment for:
(1) actual damages in the amount of the judgment in the other state;
(2) costs and reasonable attorney fees incurred in defending the action that resulted in the judgment in the other state; and
(3) costs and reasonable attorney fees incurred to bring an action under this section.
History:
2023 c 31 s 8
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.015 — School Bus Driver Immunity From Liability.

604A.015 SCHOOL BUS DRIVER IMMUNITY FROM LIABILITY.
A school bus driver who, while on duty, provides emergency care, advice, or assistance at the scene of an emergency or during transit to a location where professional medical care can be rendered, is not liable in ordinary negligence, for any civil damages as a result of acts or omissions to the person to whom assistance is rendered by the school bus driver in rendering the emergency care, advice, or assistance. For the purposes of this section, the scene of an emergency is an area outside the confines of a hospital or other institution that has hospital facilities, or an office of a person licensed to practice one or more of the healing arts under chapter 147, 148, 150A, or 153.
History:
1Sp1995 c 3 art 2 s 48
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.02 — Aid To Shooting Victim.

604A.02 AID TO SHOOTING VICTIM.
A person who is subject to the duty imposed by section 609.662, subdivision 3, who, without compensation or expectation of compensation, renders assistance to the injured person, is not liable for any civil damages as a result of acts or omissions by that person in rendering the assistance unless that person acts in a willful and wanton or reckless manner in rendering the assistance. This section does not apply to a person who renders the assistance during the course of regular employment and receives compensation or expects to receive compensation for rendering the assistance.
History:
1994 c 623 art 2 s 2
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.03 — Hazardous Materials Response Incident Aid.

604A.03 HAZARDOUS MATERIALS RESPONSE INCIDENT AID.
Certain persons who provide assistance at the scene of a hazardous materials response incident are not liable for damages to the extent provided in section 299A.51, subdivision 3.
History:
1994 c 623 art 2 s 3
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.04 — Good Samaritan Overdose Prevention.

604A.04 GOOD SAMARITAN OVERDOSE PREVENTION.
Subdivision 1.
Definitions; opiate antagonist.
For purposes of this section, "opiate antagonist" means naloxone hydrochloride or any similarly acting drug approved by the federal Food and Drug Administration for the treatment of a drug overdose.
Subd. 2.
Authority to possess and administer opiate antagonists; release from liability.
(a) A person who is not a health care professional may possess or administer an opiate antagonist that is prescribed, dispensed, or distributed by a licensed health care professional pursuant to subdivision 3.
(b) A person who is not a health care professional who acts in good faith in administering an opiate antagonist to another person whom the person believes in good faith to be suffering a drug overdose is immune from criminal prosecution for the act and is not liable for any civil damages for acts or omissions resulting from the act.
Subd. 3.
Health care professionals; release from liability.
A licensed health care professional who is permitted by law to prescribe an opiate antagonist, if acting in good faith, may directly or by standing order prescribe, dispense, distribute, or administer an opiate antagonist to a person without being subject to civil liability or criminal prosecution for the act. This immunity applies even when the opiate antagonist is eventually administered in either or both of the following instances: (1) by someone other than the person to whom it is prescribed; or (2) to someone other than the person to whom it is prescribed.
History:
2014 c 232 s 3
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.11 — Volunteer Athletic Coaches And Officials; Physicians And Trainers; Immunity From Liability.

604A.11 VOLUNTEER ATHLETIC COACHES AND OFFICIALS; PHYSICIANS AND TRAINERS; IMMUNITY FROM LIABILITY.
Subdivision 1.
Grant.
(a) No individual who provides services or assistance without compensation as an athletic coach, manager, official, physician, or certified athletic trainer for a sports team that is organized or performing under a nonprofit charter or as a physician or licensed athletic trainer for a sports team or athletic event sponsored by a public or private educational institution, and no community-based, voluntary nonprofit athletic association, or any volunteer of the nonprofit athletic association, is liable for money damages to a player, participant, or spectator as a result of an individual's acts or omissions in the providing of that service or assistance either at the scene of the event or, in the case of a physician or athletic trainer, while the player, participant, or spectator is being transported to a hospital, physician's office, or other medical facility.
(b) This section applies to organized sports competitions and practice and instruction in that sport.
(c) For purposes of this section, "compensation" does not include reimbursement for expenses.
Subd. 2.
Limitation.
Subdivision 1 does not apply:
(1) to the extent that the acts or omissions are covered under an insurance policy issued to the entity for whom the coach, manager, official, physician, or certified athletic trainer serves;
(2) if the individual acts in a willful and wanton or reckless manner in providing the services or assistance;
(3) if the acts or omissions arise out of the operation, maintenance, or use of a motor vehicle;
(4) to an athletic coach, manager, or official who provides services or assistance as part of a public or private educational institution's athletic program;
(5) to a public or private educational institution for which a physician or certified athletic trainer provides services; or
(6) if the individual acts in violation of federal, state, or local law.
The limitation in clause (1) constitutes a waiver of the defense of immunity to the extent of the liability stated in the policy, but has no effect on the liability of the individual beyond the coverage provided. The limitation in clause (5) does not affect the limitations on liability of a public educational institution under section 3.736 or chapter 466.
History:
1994 c 623 art 3 s 2; 2019 c 50 art 1 s 125
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.13 — Miscellaneous Volunteer And Charitable Activities.

604A.13 MISCELLANEOUS VOLUNTEER AND CHARITABLE ACTIVITIES.
A person who acts in accordance with chapter 525A or the applicable anatomical gift law of another state or who attempts in good faith to do so, is immune from liability as provided in section 525A.18.
History:
1994 c 623 art 3 s 4; 2007 c 120 art 2 s 3,5
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.20 — Policy.

604A.20 POLICY.
It is the policy of this state, in furtherance of the public health and welfare, to encourage and promote the use of land owned by a municipal power agency and privately owned lands and waters by the public for beneficial recreational purposes, and the provisions of sections 604A.20 to 604A.27 are enacted to that end.
History:
1994 c 623 art 4 s 1; 1999 c 183 s 1
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.21 — Recreational Land Use; Definitions.

604A.21 RECREATIONAL LAND USE; DEFINITIONS.
Subdivision 1.
General.
For the purposes of sections 604A.20 to 604A.27, the terms defined in this section have the meanings given them, except where the context clearly indicates otherwise.
Subd. 2.
Charge.
"Charge" means any admission price asked or charged for services, entertainment, recreational use, or other activity or the offering of products for sale to the recreational user by a commercial for profit enterprise directly related to the use of the land.
Subd. 2a.
Dedicated.
"Dedicated" means made available by easement, license, permit, or other authorization.
Subd. 3.
Land.
"Land" means any of the following which is privately owned or leased or in which a municipal power agency has rights: land, easements, rights-of-way, roads, water, watercourses, private ways and buildings, structures, and other improvements to land, and machinery or equipment when attached to land.
Subd. 4.
Owner.
"Owner" means the possessor of a fee interest or a life estate, tenant, lessee, occupant, holder of a utility easement, or person in control of the land.
Subd. 5.
Recreational purpose.
"Recreational purpose" includes, but is not limited to, hunting; trapping; fishing; swimming; boating; camping; picnicking; hiking; rock climbing; cave exploring; bicycling; horseback riding; firewood gathering; pleasure driving, including snowmobiling and the operation of any motorized vehicle or conveyance upon a road or upon or across land in any manner, including recreational trail use; nature study; water skiing; winter sports; noncommercial aviation activities; and viewing or enjoying historical, archaeological, scenic, or scientific sites. "Rock climbing" means the climbing of a naturally exposed rock face. "Cave exploring" means the planned exploration of naturally occurring cavities in rock, including passage through any structures placed for the purpose of safe access, access control, or conservation, but does not include the exploration of other man-made cavities such as tunnels, mines, and sewers. "Noncommercial aviation activities" means the use of private, nonstaffed airstrips for takeoffs and landings related to other recreational purposes under this subdivision that are not commercial operations under section 360.013, subdivision 45.
Subd. 6.
Recreational trail use.
"Recreational trail use" means use on or about a trail, including but not limited to, hunting, trapping, fishing, hiking, bicycling, skiing, horseback riding, snowmobile riding, and motorized trail riding.
History:
1994 c 623 art 4 s 2; 1999 c 183 s 2-4; 2005 c 148 s 1; 2012 c 277 art 1 s 81
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.22 — Owner's Duty Of Care Or Duty To Give Warnings.

604A.22 OWNER'S DUTY OF CARE OR DUTY TO GIVE WARNINGS.
Except as provided in section 604A.25, an owner who gives written or oral permission for the use of the land for recreational purposes without charge:
(1) owes no duty of care to render or maintain the land safe for entry or use by other persons for recreational purpose;
(2) owes no duty to warn those persons of any dangerous condition on the land, whether patent or latent;
(3) owes no duty of care toward those persons except to refrain from willfully taking action to cause injury; and
(4) owes no duty to curtail use of the land during its use for recreational purpose.
History:
1994 c 623 art 4 s 3
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.23 — Owner's Liability.

604A.23 OWNER'S LIABILITY.
An owner who gives written or oral permission for the use of the land for recreational purposes without charge does not by that action:
(1) extend any assurance that the land is safe for any purpose;
(2) confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or
(3) assume responsibility for or incur liability for any injury to the person or property caused by an act or omission of the person.
History:
1994 c 623 art 4 s 4
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.24 — Liability; Leased Land, Water-filled Mine Pits; Municipal Power Agency Land.

604A.24 LIABILITY; LEASED LAND, WATER-FILLED MINE PITS; MUNICIPAL POWER AGENCY LAND.
Unless otherwise agreed in writing, sections 604A.22 and 604A.23 also apply to the duties and liability of an owner of the following land:
(1) land leased to the state or any political subdivision for recreational purpose; or
(2) idled or abandoned, water-filled mine pits whose pit walls may slump or cave, and to which water the public has access from a water access site operated by a public entity;
(3) land of which a municipal power agency is an owner and that is used for recreational trail purposes, and other land of a municipal power agency which is within 300 feet of such land if the entry onto such land was from land that is dedicated for recreational purposes or recreational trail use; or
(4) land leased to the state or otherwise subject to an agreement or contract for purposes of a state-sponsored walk-in access program.
History:
1994 c 623 art 4 s 5; 1999 c 183 s 5; 1Sp2011 c 2 art 5 s 66
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.25 — Owner's Liability; Not Limited.

604A.25 OWNER'S LIABILITY; NOT LIMITED.
Except as set forth in this section, nothing in sections 604A.20 to 604A.27 limits liability that otherwise exists:
(1) for conduct which, at law, entitles a trespasser to maintain an action and obtain relief for the conduct complained of; or
(2) for injury suffered in any case where the owner charges the persons who enter or go on the land for the recreational purpose, except that in the case of land leased or dedicated to the state or a political subdivision, any consideration received from the state or political subdivision by the owner for the lease or dedication is not considered a charge within the meaning of this section.
Except for conduct set forth in section 604A.22, clause (3), a person may not maintain an action and obtain relief at law for conduct referred to by clause (1) in this section if the entry upon the land is incidental to or arises from access granted for the recreational trail use of land dedicated, leased, or permitted by the owners for recreational trail use.
History:
1994 c 623 art 4 s 6; 1999 c 183 s 6
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.26 — Land User's Liability.

604A.26 LAND USER'S LIABILITY.
Nothing in sections 604A.20 to 604A.27 relieves any person using the land of another for recreational purpose from any obligation that the person may have in the absence of sections 604A.20 to 604A.27 to exercise care in use of the land and in the person's activities on the land, or from the legal consequences of failure to employ that care.
History:
1994 c 623 art 4 s 7