Minnesota
Minnesota Punitive Damages Laws: Standard, Pleading and Caps (2026)
Independently fact-checked against primary sources (last audited October 19, 2026). · 31 primary sources cited on this page. How we verify our legal content

Minnesota allows punitive damages in civil actions, but Minnesota Statutes section 549.20 permits them "only upon clear and convincing evidence that the acts of the defendant show deliberate disregard for the rights or safety of others." No Minnesota statute sets a general dollar cap or ratio on punitive damages; instead, the trial court must review every award against listed factors and make specific findings, and some statutes for particular claims set their own limits.
Minnesota also controls when the claim can enter a case: under section 549.191, the original complaint may not ask for punitive damages, and a party must later move to amend with affidavits. Punitive damages are expressly allowed in wrongful death actions (573.02) and in drunk or drugged driving crash cases (169A.76). In tort claims, the state will not pay them and a municipal tort award under section 466.04 may not include them, though some statutes for particular claims allow them against government bodies. For how other states compare, see punitive damages laws by state.
Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Minnesota state law on punitive damages in civil cases: Minnesota Statutes sections 549.20 and 549.191 and the other statutes and decision named below. It does not cover compensatory or noneconomic damages in medical malpractice cases (see Minnesota medical malpractice law), wrongful-death procedure, deadlines and beneficiaries (see Minnesota wrongful death law), federal claims, or every statute that authorizes punitive or exemplary damages for a particular claim beyond those named here.
Does Minnesota allow punitive damages?
Yes, within the limits of section 549.20. Subdivision 1(a) provides:
"Punitive damages shall be allowed in civil actions only upon clear and convincing evidence that the acts of the defendant show deliberate disregard for the rights or safety of others."
The same statute governs when an employer or other principal can be held liable, what the jury weighs in setting the amount, whether the amount is tried separately, and how the courts review it. Section 549.191 governs how the claim is added to a lawsuit. Other statutes apply these rules to particular claims, including wrongful death (573.02), impaired-driving crashes (169A.76) and discrimination cases under chapter 363A, and several set their own limits.
Several Minnesota statutes use the term "exemplary damages"; section 60A.06 refers to "punitive and exemplary damages" together, and several of the claim-specific statutes below use the word exemplary.
What must be proven
Burden of proof: clear and convincing evidence. Section 549.20, subd. 1(a) sets this standard by statute.

Deliberate disregard. Subdivision 1(b) defines the conduct:
"A defendant has acted with deliberate disregard for the rights or safety of others if the defendant has knowledge of facts or intentionally disregards facts that create a high probability of injury to the rights or safety of others and: (1) deliberately proceeds to act in conscious or intentional disregard of the high degree of probability of injury to the rights or safety of others; or (2) deliberately proceeds to act with indifference to the high probability of injury to the rights or safety of others."
Both parts matter: the defendant must know of, or intentionally disregard, facts creating a high probability of injury, and then deliberately proceed either in conscious or intentional disregard of that probability or with indifference to it.
Employers and other principals. Under 549.20, subd. 2, punitive damages "can properly be awarded against a master or principal because of an act done by an agent only if":
- the principal authorized the doing and the manner of the act;
- the agent was unfit and the principal deliberately disregarded a high probability that the agent was unfit;
- the agent was employed in a managerial capacity with authority to establish policy and make planning level decisions for the principal and was acting in the scope of that employment; or
- the principal or such a managerial agent ratified or approved the act while knowing of its character and probable consequences.
Adding a punitive damages claim: the 549.191 motion
Minnesota does not let a plaintiff plead punitive damages at the start of a case. Section 549.191 provides:
"Upon commencement of a civil action, the complaint must not seek punitive damages. After filing the suit a party may make a motion to amend the pleadings to claim punitive damages. The motion must allege the applicable legal basis under section 549.20 or other law for awarding punitive damages in the action and must be accompanied by one or more affidavits showing the factual basis for the claim. At the hearing on the motion, if the court finds prima facie evidence in support of the motion, the court shall grant the moving party permission to amend the pleadings to claim punitive damages."
The statute adds that, "for purposes of tolling the statute of limitations, pleadings amended under this section relate back to the time the action was commenced." For filing deadlines generally, see Minnesota statute of limitations.
How the amount is decided and reviewed
Factors. Section 549.20, subd. 3 requires that any award "be measured by those factors which justly bear upon the purpose of punitive damages, including":
- the seriousness of hazard to the public arising from the defendant's misconduct;
- the profitability of the misconduct to the defendant;
- the duration of the misconduct and any concealment of it;
- the degree of the defendant's awareness of the hazard and of its excessiveness;
- the attitude and conduct of the defendant upon discovery of the misconduct;
- the number and level of employees involved in causing or concealing the misconduct;
- the financial condition of the defendant; and
- "the total effect of other punishment likely to be imposed upon the defendant as a result of the misconduct, including compensatory and punitive damage awards to the plaintiff and other similarly situated persons, and the severity of any criminal penalty to which the defendant may be subject."
Separate proceeding on request. Under subd. 4, if any party asks, the trier of fact first decides whether compensatory damages are awarded. "Evidence of the financial condition of the defendant and other evidence relevant only to punitive damages is not admissible in that proceeding." Whether and in what amount punitive damages are awarded is then decided "in a separate proceeding."
Judicial review. Under subd. 5, "the court shall specifically review the punitive damages award in light of the factors set forth in subdivision 3 and shall make specific findings with respect to them." Any appellate court also reviews the award against those factors, and "nothing in this section may be construed to restrict either court's authority to limit punitive damages."
Is there a cap on punitive damages in Minnesota?
There is no general cap. Section 549.20 sets no dollar limit and no ratio to compensatory damages; the control on size is the factor review in subdivisions 3 and 5. The U.S. Supreme Court's due-process limits on the size of punitive awards also apply to Minnesota verdicts; the punitive damages hub explains them. Under federal law, punitive damages are generally taxable income, even when they arise from a physical injury (26 U.S.C. 104(a)(2)); the personal injury settlement amounts guide covers taxes.
Some statutes for particular claims set their own limits, each in its own measure:
| Statute | What the statute provides |
|---|---|
| 363A.33, subd. 8(b) | Where a political subdivision is a respondent, total punitive damages to an aggrieved party "may not exceed $25,000" |
| 363A.29, subd. 4 | An administrative law judge may award punitive damages "in an amount not more than $25,000 pursuant to section 549.20" |
| 604.12, subd. 3 | Where a place of public accommodation restricts access solely because a person operates a motorcycle or wears clothing displaying the name of an organization or association, punitive damages under 549.191 and 549.20 "in an amount not to exceed $500" |
| 604.14, subd. 1 | A person who steals personal property owes its value plus punitive damages "of either $50 or up to 100 percent of its value when stolen, whichever is greater" |
| 626.557, subds. 6 and 17(b) | Punitive damages "up to $10,000" for an intentionally false report under that section, and for retaliation because of a report of suspected maltreatment |
| 176.82, subd. 1 | Punitive damages "not to exceed three times the amount of any compensation benefit to which the employee is entitled" for discharging, threatening or intentionally obstructing an employee seeking workers' compensation benefits |
| 462.358, subd. 4a | Punitive damages "not exceeding five per centum of the purchase price of the land" to a buyer who establishes a right to damages |
| 504B.271, subd. 2 | A tenant shall recover punitive damages "not to exceed twice the actual damages or $1,000, whichever is greater" when a landlord fails to let the tenant retake personal property after written demand |
| 504B.178, subd. 7 | Bad faith retention of a deposit: punitive damages "not to exceed $500 for each deposit" |
| 325F.63, subd. 1 | Punitive damages "not to exceed three times the total charges" for a violation of section 325F.61 involving a repaired motor vehicle or appliance |
| 325C.03(b) | For willful and malicious misappropriation, exemplary damages "not exceeding twice any award made under paragraph (a)" |
| 60A.0789(c) | Exemplary damages "up to two times the death benefits" for a willful violation of sections 60A.078 to 60A.0789, paid to government agencies (see below) |
| 13.08, subd. 1 | For a willful violation of chapter 13 (Government Data Practices Act), a government entity is liable for exemplary damages "of not less than $1,000, nor more than $15,000 for each violation"; the state is deemed to have waived immunity |
| 13.825, subd. 12 | For a willful violation of that section, a law enforcement agency faces exemplary damages "not less than twice the minimum, nor more than twice the maximum allowable for exemplary damages under section 13.08, subdivision 1" |
| 325N.06(c) | Exemplary damages "up to 1-1/2 times the compensation charged by the solicitor" where the solicitor violated section 325N.04, clause (1), (2) or (4), and the conduct was in bad faith |
| 325N.18, subd. 2 | Exemplary damages "of any amount," but if awarded, "not less than 1-1/2 times the owner's actual damages" (a floor, not a ceiling) |
| 182.666, subd. 5a | An employer who knowingly violates section 182.6575 (employees may not be required to waive occupational safety and health rights) is liable to each aggrieved employee for "civil punitive damages of $400" |
| 181.68, subd. 1 | In an action for wages paid at a rate that violates section 181.67 (wage discrimination based on sex), "an amount up to the amount of these unpaid wages" as exemplary damages, at the court's discretion |
Some statutes rule punitive damages out entirely. For example, an insured suing an insurer under the bad-faith statute, section 604.18, "may not also recover punitive or exemplary damages" for a violation of that section (604.18, subd. 3(b)).
Claims against the state and municipalities are covered separately below.
Does Minnesota take a share of the award?
Not generally. Section 549.20 gives the state or a fund no share of a punitive award. One claim-specific statute works differently: when a person receives death benefits through a willful violation of sections 60A.078 to 60A.0789, "the exemplary damages shall be paid to one or more governmental agencies charged with combating consumer fraud, including the Department of Commerce" (60A.0789(c)).
Punitive damages in Minnesota wrongful death cases
Minnesota's wrongful death statute expressly allows them. Section 573.02, subd. 1 describes the recovery in a death action as "the amount the jury deems fair and just for all damages suffered by the decedent resulting from the injury prior to the decedent's death and the pecuniary loss resulting from the death," and then provides: "Punitive damages may be awarded as provided in section 549.20."
So the same clear and convincing deliberate-disregard standard, the factor review and the 549.191 pleading rule apply in a death case. Who brings the action, who shares in the recovery and the filing deadlines are on the Minnesota wrongful death page.
Drunk and drugged driving crashes
Section 169A.76 provides that "in a civil action involving a motor vehicle accident, it is sufficient for the trier of fact to consider an award of punitive damages if there is evidence that the accident was caused by a driver":
- with an alcohol concentration of 0.08 or more;
- who was under the influence of a controlled substance;
- who was under the influence of alcohol and refused to take a test required under section 169A.51 (chemical tests for intoxication); or
- who was under the influence of an intoxicating substance and knows or has reason to know that the substance has the capacity to cause impairment.
"A criminal charge or conviction is not a prerequisite to consideration of punitive damages under this section." Evidence that the driver was convicted of driving while impaired (169A.20) or criminal vehicular homicide or injury (609.2112, 609.2113 or 609.2114) is admissible at a trial where the trier of fact will consider punitive damages (169A.76(b)). The statute makes that evidence sufficient for the trier of fact to consider punitive damages; it does not itself require an award. For the rest of a crash claim, see Minnesota car accident laws.
Government defendants and public employees
The State of Minnesota. Section 3.736, the state tort claims statute, ends its list of excluded losses in subdivision 3 with the rule: "The state will not pay punitive damages."
Municipalities. Section 466.04, subd. 1(b) provides: "No award for damages on any such claim shall include punitive damages." The same subdivision sets the municipal liability limits, such as $500,000 for a claim for death by wrongful act or omission, $500,000 to any claimant in any other case, and $1,500,000 for any number of claims arising out of a single occurrence, for claims arising on or after July 1, 2009.
Some statutes for particular claims differ. The 3.736 and 466.04 bars apply to tort claims under those sections. Under the Government Data Practices Act, for a willful violation "the government entity shall, in addition, be liable to exemplary damages of not less than $1,000, nor more than $15,000 for each violation," and "the state is deemed to have waived any immunity to a cause of action brought under this chapter" (13.08, subd. 1). In a discrimination case under chapter 363A, a political subdivision may be ordered to pay punitive damages, with a $25,000 total limit (363A.33, subd. 8(b); see below).
Individual municipal officers and employees. Section 466.07, subd. 1 requires a municipality, subject to the 466.04 limits, to "defend and indemnify any of its officers and employees, whether elective or appointive, for damages, including punitive damages, claimed or levied against the officer or employee," provided the officer or employee was acting in the performance of the duties of the position and "was not guilty of malfeasance in office, willful neglect of duty, or bad faith."
In Rosenbloom v. Flygare, 501 N.W.2d 597 (Minn. 1993), the Minnesota Supreme Court rejected the argument that a deputy sheriff's ability to pay should be disregarded because the county would pay, noting that "there is a statutory prohibition against awarding punitive damages against a county," and held that the award "simply exceeds any realistic appraisal" of his ability to pay. The court added that the county, if it had any liability for the punitive damages, "is obligated only to indemnify" the deputy.
Discrimination claims under chapter 363A
In a court action under chapter 363A, "the court may also order the respondent to pay an aggrieved party punitive damages pursuant to section 549.20," and in a jury case "the jury shall determine the amount of all damages to be awarded" (363A.33, subd. 8(a)). Where a political subdivision is a respondent, total punitive damages to an aggrieved party "may not exceed $25,000," and they may be apportioned among two or more respondents (subd. 8(b)).

In the administrative route, an administrative law judge may order a respondent to pay an aggrieved party who has suffered discrimination "punitive damages in an amount not more than $25,000 pursuant to section 549.20" (363A.29, subd. 4).
Arbitration
Under Minn. Stat. 572B.21, "an arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim."
Does insurance pay punitive damages in Minnesota?
A Minnesota statute allows coverage for vicarious liability. Section 60A.06, subd. 4 provides that an insurer "may insure against vicarious liability for punitive and exemplary damages" within the liability lines it is authorized to write. That subdivision addresses only vicarious liability, such as an employer held liable for an employee's act. Separately, a municipality may buy liability insurance for itself and its officers, employees and agents "for damages, including punitive damages," resulting from their torts (466.06).
For an insured's own conduct, the Minnesota Supreme Court said in Wojciak v. Northern Package Corp., 310 N.W.2d 675 (Minn. 1981), that "in most instances public policy should prohibit a person from insuring himself against misconduct of a character serious enough to warrant punitive damages," while holding that coverage for the punitive damages recoverable under section 176.82 "is not violative of public policy." In Rosenbloom v. Flygare (1993) the court repeated that it has "been most reluctant to permit insurance against liability for punitive damages."
Policy wording also matters. In Caspersen v. Webber, 298 Minn. 93 (1973), a homeowner's policy covering damages "because of bodily injury" did not cover the punitive award, because the punitive damages "were not awarded because of bodily injury."
Minnesota punitive damages at a glance
| Question | Minnesota rule | Source |
|---|---|---|
| Where the rule comes from | Statute regulates punitive damages in civil actions | Minn. Stat. 549.20 |
| Conduct standard | Deliberate disregard for the rights or safety of others, as defined | 549.20, subd. 1 |
| Burden of proof | Clear and convincing evidence | 549.20, subd. 1(a) |
| Pleading | Not in the original complaint; motion to amend with affidavits, leave on prima facie evidence | 549.191 |
| Employer liability | Four routes only: authorization, unfit agent, managerial agent, ratification | 549.20, subd. 2 |
| Separate trial on amount | On request of any party | 549.20, subd. 4 |
| General cap or ratio | None; mandatory court review against statutory factors; claim-specific limits in some statutes | 549.20, subds. 3, 5; for example 363A.33, 604.12, 325C.03(b) |
| Statutes that rule them out | Some do, for example insurer bad-faith claims under 604.18 | 604.18, subd. 3(b) |
| State share | None generally; 60A.0789(c) exemplary damages go to government agencies | 549.20; 60A.0789(c) |
| Wrongful death | Allowed as provided in 549.20 | 573.02, subd. 1 |
| Drunk or drugged driving | Listed impairment evidence is enough for the jury to consider them; no charge or conviction needed | 169A.76 |
| State and municipalities | In tort claims, the state will not pay and no municipal award under 466.04 may include them; some statutes for particular claims differ, such as exemplary damages for willful Government Data Practices Act violations and up to $25,000 against a political subdivision in chapter 363A cases | 3.736, subd. 3; 466.04, subd. 1(b); 13.08, subd. 1; 363A.33, subd. 8(b) |
| Discrimination (chapter 363A) | Available under 549.20; $25,000 limit against a political subdivision and in the administrative route | 363A.33, subd. 8; 363A.29, subd. 4 |
| Insurance | Vicarious liability may be insured, and a municipality may insure against punitive damages; otherwise the Supreme Court has said public policy in most instances prohibits insuring against them | 60A.06, subd. 4; 466.06; Wojciak (Minn. 1981) |
Recent changes
The core rules are long-standing. Section 549.20 was last amended in 1990, and section 549.191 dates from 1986. In 2023 (2023 c 52 art 19 ss 32 to 34), the Legislature provided that a personal injury claim survives the death of any party in accordance with section 573.02 and added the decedent's pre-death damages to the death-action recovery; the sentence allowing punitive damages in a death action was not changed. A 2026 law amended subdivision 1 of section 363A.29; the $25,000 punitive damages limit is in subdivision 4.
Related pages
- Punitive damages laws by state
- Minnesota wrongful death law
- Minnesota car accident laws
- Minnesota medical malpractice law
This article provides general legal information about Minnesota punitive damages law as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Minnesota.
Last updated: 2026-10-18.
Frequently Asked Questions
Does Minnesota allow punitive damages?
Yes, but only on clear and convincing evidence that the defendant's acts show deliberate disregard for the rights or safety of others (Minn. Stat. 549.20, subd. 1). The claim cannot be included in the original complaint; a party must move to amend under section 549.191.
Is there a cap on punitive damages in Minnesota?
There is no general cap or ratio. The trial court must review every award against the factors in 549.20, subd. 3, make specific findings, and may limit it. Some statutes for particular claims set their own limits, such as $25,000 in chapter 363A discrimination cases against a political subdivision and $500 under 604.12 (denying motorcyclists or club clothing access to a public accommodation), and some rule them out, such as the insurer bad-faith statute (604.18, subd. 3(b)). In tort claims the state will not pay punitive damages (3.736, subd. 3).
What has to be proven for punitive damages in Minnesota?
Clear and convincing evidence of deliberate disregard: the defendant knew of, or intentionally disregarded, facts creating a high probability of injury to others and deliberately proceeded in conscious or intentional disregard of, or with indifference to, that probability (549.20, subd. 1(b)).
Can a Minnesota complaint ask for punitive damages?
No. Under Minn. Stat. 549.191, the complaint must not seek punitive damages. After filing, a party may move to amend with affidavits showing the factual basis, and the court grants leave if it finds prima facie evidence supporting the motion.
Are punitive damages available in a Minnesota wrongful death case?
Yes. Minn. Stat. 573.02, subd. 1 provides that punitive damages may be awarded in a wrongful death action as provided in section 549.20, so the same clear and convincing deliberate-disregard standard applies.
Are punitive damages available in a Minnesota drunk driving crash case?
Section 169A.76 makes evidence that the crash was caused by a driver with an alcohol concentration of 0.08 or more, or under the influence of a controlled substance or other listed impairment, sufficient for the jury to consider punitive damages. No criminal charge or conviction is required, and the statute does not itself require an award.
Are punitive damages available against the State of Minnesota or a city?
Generally not in tort cases. The state will not pay punitive damages (Minn. Stat. 3.736, subd. 3), and no award on a municipal tort claim under 466.04 may include them (466.04, subd. 1(b)). Some statutes for particular claims differ: a government entity, including the state, is liable for exemplary damages of $1,000 to $15,000 per violation for a willful violation of the Government Data Practices Act (13.08, subd. 1), and in chapter 363A discrimination cases a political subdivision may be ordered to pay punitive damages up to $25,000 in total (363A.33, subd. 8(b)). A municipality must indemnify its officers and employees for damages including punitive damages, subject to the 466.04 limits, unless the employee was guilty of malfeasance, willful neglect of duty or bad faith (466.07).
Does Minnesota take part of a punitive damages award?
Not generally; section 549.20 gives the state no share. One exception: exemplary damages under 60A.0789(c) for a willful violation that produced death benefits are paid to government agencies that combat consumer fraud, including the Department of Commerce.
Does insurance cover punitive damages in Minnesota?
Minn. Stat. 60A.06, subd. 4 allows insurers to cover vicarious liability for punitive and exemplary damages. A municipality may buy insurance covering punitive damages for its own and its employees' torts (466.06). For an insured's own conduct, the Minnesota Supreme Court said in Wojciak v. Northern Package Corp. (1981) that public policy in most instances should prohibit insuring against punitive damages, while allowing coverage of statutory punitive damages under section 176.82, and policy wording matters: in Caspersen v. Webber (1973) a policy covering damages because of bodily injury did not cover the punitive award.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Minnesota Statutes, Chapter 549: COSTS, DISBURSEMENTS
§ 549.20PUNITIVE DAMAGESIn forcecited in 2 of our articles
Subdivision 1. Standard. (a) Punitive damages shall be allowed in civil actions only upon clear and convincing evidence that the acts of the defendant show deliberate disregard for the rights or safety of others. (b) A defendant has acted with deliberate disregard for the rights or safety of others if the defendant has knowledge of facts or intentionally disregards facts that create a high probability of injury to the rights or safety of others and: (1) deliberately proceeds to act in conscious or intentional disregard of the high degree of probability of injury to the rights or safety of others; or (2) deliberately proceeds to act with indifference to the high probability of injury to the rights or safety of others. Subd. 2. Master and principal.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 254 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Hodder v. Goodyear Tire & Rubber Co. (Supreme Court of Minnesota 1988, 426 N.W.2d 826)“…nduct must be established by clear and convincing evidence. Minn.Stat. § 549.20 (1986); Gryc v. Dayton-Hudson Corp.,…”
- Barr/Nelson, Inc. v. Tonto's, Inc. (Supreme Court of Minnesota 1983, 336 N.W.2d 46)“…t. Punitive damages in this case were assessed under Minn.Stat. § 549.20 (1982). Subdivision 1 of the statute pr…”
- Phelps v. Commonwealth Land Title Insurance Co. (Supreme Court of Minnesota 1995, 537 N.W.2d 271)“…for the imposition of punitive damages at that time. See Minn.Stat. § 549.20, subd. 1 (1988) (stating that punitive…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minnesota Whistleblower Laws: Protections and How to Report
§ 549.191CLAIM FOR PUNITIVE DAMAGESIn force
Upon commencement of a civil action, the complaint must not seek punitive damages. After filing the suit a party may make a motion to amend the pleadings to claim punitive damages. The motion must allege the applicable legal basis under section 549.20 or other law for awarding punitive damages in the action and must be accompanied by one or more affidavits showing the factual basis for the claim. At the hearing on the motion, if the court finds prima facie evidence in support of the motion, the court shall grant the moving party permission to amend the pleadings to claim punitive damages. For purposes of tolling the statute of limitations, pleadings amended under this section relate back to the time the action was commenced.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Minnesota Statutes, Chapter 573: PERSONAL REPRESENTATIVES, HEIRS; ACTIONS
§ 573.02ACTION FOR DEATH BY WRONGFUL ACT; SURVIVAL OF ACTIONSIn forcecited in 6 of our articles
Subdivision 1. Death action. When death is caused by the wrongful act or omission of any person or corporation, the trustee appointed as provided in subdivision 3 may maintain an action therefor if the decedent might have maintained an action, had the decedent lived, for an injury caused by the wrongful act or omission. An action to recover damages for a death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall be commenced within three years of the date of death, but in no event shall be commenced beyond the time set forth in section 541.076. An action to recover damages for a death caused by an intentional act constituting murder may be commenced at any time after the death of the decedent. Any other action under this section may be commenced within three years after the date of death provided that the action must be commenced within six years after the act or omission.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 187 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Johnson v. Consolidated Freightways, Inc. (Supreme Court of Minnesota 1988, 420 N.W.2d 608)“…gful death or general survival statutes. Defendant contends Minn.Stat. § 573.02 (1986) unambiguously creates a right pe…”
- State v. Soto (Supreme Court of Minnesota 1985, 378 N.W.2d 625)“…Verkennes court took some pains to limit its holding to Minn.Stat. § 573.02. The court's opinion in Verkennes…”
- DeCosse v. Armstrong Cork Co. (Supreme Court of Minnesota 1982, 319 N.W.2d 45)“…tion period prescribed by the Minnesota Wrongful Death Act, Minn.Stat. § 573.02, subd. 1 (1976). The other defendants j…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Medical Malpractice Laws in Minnesota (2026): Deadlines & Caps, Minnesota Statute of Limitations: Filing Deadlines by Case Type, Truck Accident Laws in Minnesota (2026): Deadlines & Liability
Minnesota Statutes, Chapter 169A: DRIVING WHILE IMPAIRED
§ 169A.76CIVIL ACTION; PUNITIVE DAMAGESIn force
(a) In a civil action involving a motor vehicle accident, it is sufficient for the trier of fact to consider an award of punitive damages if there is evidence that the accident was caused by a driver: (1) with an alcohol concentration of 0.08 or more; (2) who was under the influence of a controlled substance; (3) who was under the influence of alcohol and refused to take a test required under section 169A.51 (chemical tests for intoxication); or (4) who was under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment. (b) A criminal charge or conviction is not a prerequisite to consideration of punitive damages under this section. At the trial in an action where the trier of fact will consider an award of punitive damages, evidence that the driver has been convicted of violating section 169A.20 (driving while impaired), 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury) is admissible into evidence.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Minnesota Statutes, Chapter 466: TORT LIABILITY, POLITICAL SUBDIVISIONS
§ 466.04MAXIMUM LIABILITYIn forcecited in 3 of our articles
Subdivision 1. Limits; punitive damages. (a) Liability of any municipality on any claim within the scope of sections 466.01 to 466.15 shall not exceed: (1) $300,000 when the claim is one for death by wrongful act or omission and $300,000 to any claimant in any other case, for claims arising before January 1, 2008; (2) $400,000 when the claim is one for death by wrongful act or omission and $400,000 to any claimant in any other case, for claims arising on or after January 1, 2008, and before July 1, 2009; (3) $500,000 when the claim is one for death by wrongful act or omission and $500,000 to any claimant in any other case, for claims arising on or after July 1, 2009; (4) $750,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 1998, and before January 1, 2000; (5) $1,000,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 2000, and before January 1, 2008; (6) $1,200,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 2008, and before July 1, 2009; (7) $1,500,000 for any number of claims arising out of a single…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 44 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Snyder v. City of Minneapolis (Supreme Court of Minnesota 1989, 441 N.W.2d 781)“…us but imposed a $200,000 cap on the city’s liability under Minn.Stat. § 466.04 (1986) and affirmed denial of the § 198…”
- Johnson v. Washington County (Supreme Court of Minnesota 1994, 518 N.W.2d 594)“…rove his case. The county also argued that if it was liable Minn.Stat. § 466.04 (1992) limited its liability to $200,-0…”
- Wilson v. City of Eagan (Supreme Court of Minnesota 1980, 297 N.W.2d 146)“…ppeal belie the humble origins of the case: (1) Does Minn.Stat. § 466.04, subd. la (1978) preclude an award of p…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minnesota Slip and Fall Laws: Proving Premises Liability
Minnesota Statutes, Chapter 3: LEGISLATURE
§ 3.736TORT CLAIMSIn forcecited in 3 of our articles
Subdivision 1. General rule. The state will pay compensation for injury to or loss of property or personal injury or death caused by an act or omission of an employee of the state while acting within the scope of office or employment or a peace officer who is not acting on behalf of a private employer and who is acting in good faith under section 629.40, subdivision 4, under circumstances where the state, if a private person, would be liable to the claimant, whether arising out of a governmental or proprietary function. Nothing in this section waives the defense of judicial, quasi-judicial, or legislative immunity except to the extent provided in subdivision 8. Subd. 2. Procedure. Claims of various kinds shall be considered and paid only in accordance with the statutory procedures provided. If there is no other applicable statute, a claim shall be brought under this section as a civil action in the courts of the state. Subd. 3. Exclusions.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 139 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Rico v. State (Supreme Court of Minnesota 1991, 472 N.W.2d 100)“…ionary function exception in the Minnesota Tort Claims Act, Minn.Stat. § 3.736, subd. 3(b) (1990), and that Gregg is e…”
- Cairl v. State (Supreme Court of Minnesota 1982, 323 N.W.2d 20)“…rformance, or nonperformance, of a discretionary act. See Minn.Stat. § 3.736, subd. 3(b) (1980) and Minn.Stat. § 4…”
- Nusbaum v. County of Blue Earth (Supreme Court of Minnesota 1988, 422 N.W.2d 713)“…nity under the discretionary function exception pursuant to Minn.Stat. § 3.736, subd. 3(b) (1986). The court of appeal…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Minnesota Statutes, Chapter 60A: GENERAL INSURANCE POWERS
§ 60A.06KINDS OF INSURANCE PERMITTEDIn force
Subdivision 1. Statutory lines. Insurance corporations may be authorized to transact in any state or territory in the United States, in the Dominion of Canada, and in foreign countries, when specified in their charters or certificates of incorporation, either as originally granted or as thereafter amended, any of the following kinds of business, upon the stock plan, or upon the mutual plan when the formation of such mutual companies is otherwise authorized by law; and business trusts as authorized by law of this state shall only be authorized to transact in this state the following kind of business hereinafter specified in clause (7) hereof when specified in their "declaration of trust": (1) To insure against loss or damage to property on land and against loss of rents and rental values, leaseholds of buildings, use and occupancy and direct or consequential loss or damage caused by fire, smoke or smudge, water or other fluid or substance, lightning, windstorm, tornado, cyclone, earthquake, collapse and slippage, rain, hail, frost, snow, freeze, change of temperature, weather or climatic conditions, excess or deficiency of moisture, floods, the rising of waters, oceans, lakes,…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
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Sources and References
- Minn. Stat. 549.20: Punitive damages(www.revisor.mn.gov).gov
- Minn. Stat. 549.191: Claim for punitive damages(www.revisor.mn.gov).gov
- Minn. Stat. 573.02: Action for death by wrongful act; survival of actions(www.revisor.mn.gov).gov
- Minn. Stat. 169A.76: Civil action; punitive damages(www.revisor.mn.gov).gov
- Minn. Stat. 60A.06, subd. 4: Vicarious liability; punitive damages(www.revisor.mn.gov).gov
- Minn. Stat. 60A.0789, paragraph (c): Exemplary damages(www.revisor.mn.gov).gov
- Minn. Stat. 363A.33, subd. 8: Punitive damages in civil actions(www.revisor.mn.gov).gov
- Minn. Stat. 604.12, subd. 3: Civil cause of action(www.revisor.mn.gov).gov
- Minn. Stat. 3.736, subd. 3: Exclusions(www.revisor.mn.gov).gov
- Minn. Stat. 466.04: Maximum liability(www.revisor.mn.gov).gov
- 26 U.S.C. 104: Compensation for injuries or sickness(www.govinfo.gov).gov
- Minn. Stat. 363A.29, subd. 4(www.revisor.mn.gov).gov
- Minn. Stat. 604.14, subd. 1: Liability for theft of property(www.revisor.mn.gov).gov
- Minn. Stat. 626.557, subds. 6 and 17(www.revisor.mn.gov).gov
- Minn. Stat. 176.82, subd. 1: Retaliatory discharge(www.revisor.mn.gov).gov
- Minn. Stat. 462.358, subd. 4a(www.revisor.mn.gov).gov
- Minn. Stat. 504B.271, subd. 2: Landlord's punitive damages(www.revisor.mn.gov).gov
- Minn. Stat. 504B.178, subd. 7: Bad faith retention(www.revisor.mn.gov).gov
- Minn. Stat. 325F.63, subd. 1: Return of goods to customer(www.revisor.mn.gov).gov
- Minn. Stat. 325C.03, paragraph (b)(www.revisor.mn.gov).gov
- Minn. Stat. 13.825, subd. 12: Penalties for violation(www.revisor.mn.gov).gov
- Minn. Stat. 325N.06, paragraph (c)(www.revisor.mn.gov).gov
- Minn. Stat. 325N.18, subd. 2: Exemplary damages(www.revisor.mn.gov).gov
- Minn. Stat. 466.07, subd. 1(www.revisor.mn.gov).gov
- Rosenbloom v. Flygare, 501 N.W.2d 597 (Minn. 1993)(www.courtlistener.com)
- Minn. Stat. 572B.21(www.revisor.mn.gov).gov
- Minn. Stat. 13.08: Civil remedies (Government Data Practices Act)(www.revisor.mn.gov).gov
- Minn. Stat. 604.18: Insurer bad faith; damages and costs(www.revisor.mn.gov).gov
- Minn. Stat. 466.06: Municipal liability insurance(www.revisor.mn.gov).gov
- Minn. Stat. 182.666, subd. 5a: Waiver of rights violations(www.revisor.mn.gov).gov
- Minn. Stat. 181.68: Wage discrimination based on sex; right of action(www.revisor.mn.gov).gov
- Minnesota Session Laws 2023, chapter 52, article 19, sections 32 to 34(www.revisor.mn.gov).gov
- Wojciak v. Northern Package Corp., 310 N.W.2d 675 (Minn. 1981)(static.case.law)
- Caspersen v. Webber, 298 Minn. 93, 213 N.W.2d 327 (1973)(static.case.law)
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