07/14/2008 Council Packet - Laserfiche WebLink

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0 0 LEAGUE OF MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 RISK MANAGEMENT INFORMATION TORTS, IIVIIVIUNITIES AND DAMAGES UNDER THE MUNICIPAL TORT CLAIMS ACT Cities, like other non - governmental defendants, are generally subject to liability for their torts and those of their officers, employees and agents acting within the scope of their employment or duties. However, cities have specific statutory and common law immunities afforded to them in addition to other general affirmative tort defenses under the law. Additionally, cities have specific statutory caps on damages for these torts, which limit their liability in huge damage claims. The purpose behind both the immunity defenses and the tort damage caps are to protect and preserve limited public resources. Under the Municipal Tort Claims Act (Minn. Stat. §466.01 -15), cities are vicariously liable for the torts of their employees or agents acting on the city's behalf. A tort is defined as a civil wrong or injury which arises out of a violation (breach) of a duty owed by the city to an injured or damaged plaintiff. This memo discusses the required elements of a negligence claim against a city and the unique defenses available to the city, including statutory and common law immunity defenses. We'll also cover the application of the tort damage caps under the Municipal Tort Claims Act as well as the relevant case law. Elements of a Negligence Claim Under Minnesota law, in order to prevail on a negligence claim, a plaintiff must establish all of the following elements: 1. Duty Of Care Did the city owe the plaintiff a duty of care? Duty is a crucial element because if the city can establish no duty owed to plaintiff = no negligent cause of action = no lawsuit. This issue oftentimes comes down to whether the city owns, maintains or controls property where plaintiff was injured. This can be determined by reviewing deeds, contracts, or other documents. Public Duty Doctrine The public duty doctrine precludes a negligence claim against a city. It states that the city does not owe a duty to an individual citizen when performing certain municipal functions, but to the public as a whole. Under this doctrine, even if the city may have done something This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 145 UNWERSITY AVE WEST PHONE: (651) 281 -1200 FAX: (651) 281-1298 ST. PAUL MN 5SiG3 -2e44 TOLL FREE: (800) 925 -1122 wa: WWW- .lacc*c 23 • •