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• • • that constitutes a breach of duty of care, there is no negligent claim available to the plaintiff against the city. Cracraft v. City of St. Louis Park, 279 N.W.2d 801 (Minn. 1979). This doctrine has been applied to such activities as fire fighting and building inspections. 2. Breach of Duty Of Care In order to show a breach of duty, one must show that the city had Notice. • Actual Notice: city is aware of dangerous or defective condition through complaints, area recommended for repair or replacement, other accidents, injuries, or city created condition. • Constructive Notice: is established through evidence that the dangerous or defective condition was present for such a period of time that it constitutes notice. Constructive notice exists if it can be proven that if the city was exercising reasonable care, it should have known of the dangerous condition. 3. Proximate Cause Was the city's negligence the cause or substantial factor in the Plaintiff's injuries or damages? 4. Damage or Injury To establish the damage element, plaintiff must prove actual loss or injury. Plaintiff cannot simply speculate or surmise as to his/her loss or injury. Municipal Immunities Cities have a variety of statutory immunities available to them under the Municipal Tort Claims Act, Minn. Stat. §466.01 -15. Cities also have common law official and vicarious official immunity available to them as a bar to suit. These immunities bar a lawsuit, even if city is potentially negligent. 1. Statutory Immunities The statutory immunities are set forth within the Municipal Tort Claims Act, at Minn. Stat. §466.03. The most common statutory immunities are: a. Snow and Ice Immunity, Minn. Stat. §466.03, Subd. 4 b. Statutory Discretionary Immunity, Minn. Stat. §466.03, Subd. 6 c. Parks and Recreation Immunity, Minn. Stat. §466.03, Subd. 6e d. Municipal Authorizations Standard Immunity (Permit), Minn. Stat. §466.03, Subd. 10 e. Road or Highway Right -of -Way Immunity, Minn. Stat. §466.03, Subd. 22 a. Snow and Ice Immunity, Minn. Stat. §466.03, Subd. 4 2 24