What is the Tort Claims Act of 1976?
In 1976, the Minnesota Legislature decided that the state should be held liable if they were negligent in performing their duties and passed the Tort Claims Act. This Act defines the conditions under which the State, its agencies and its employees may be held accountable for damages resulting from the State’s negligence. Minnesota Statute 3.736 defines the parameters of a tort claim including the procedures, exclusions (immunities), liability limits, notice required, payment, liability insurance, and indemnification. When is Mn/DOT liable for a “tort claim”? Liability for a tort is the legal obligation to pay money for damages to the person who is injured or damaged. More than entity may be liable for damages rising out of the same incident to more than one claimant. There are three elements of a tort claim. • Mn/DOT has a legal duty to the public – to keep roads safe for travel. • Mn/DOT breached that duty by falling below the standard of care – being negligent. • The defect needs to
