Minnesota · Comparative Negligence

Minnesota Comparative Negligence Rule

Minnesota follows a modified 51% bar rule under Minn. Stat. § 604.01. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Minnesota

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Minnesota

Modified comparative fault with a 51% bar; the plaintiff is barred only when contributory fault is "greater than" the fault of the person against whom recovery is sought.

Related: Minnesota statute of limitations

Minnesota gives you 6 years to file a personal injury lawsuit under Minn. Stat. § 541.05.

See the full Minnesota statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Minnesota attorney before relying on it.

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Minnesota Comparative Negligence FAQ

What comparative negligence rule does Minnesota follow?

Minnesota follows a modified 51% bar rule under Minn. Stat. § 604.01. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Minnesota?

Yes, up to a point. In Minnesota you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Minnesota?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Minnesota bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Minnesota?

Minnesota gives you 6 years to file a personal injury lawsuit under Minn. Stat. § 541.05.

Where can I read the actual rule?

The controlling authority is Minn. Stat. § 604.01. The full text is available at https://www.revisor.mn.gov/statutes/cite/604.01.

See comparative negligence rules for all 51 covered states

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