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RISK MANAGEMENT INFORMATION <br />TORTS, IMMUNITIES &DAMAGES <br />UNDER THE MUNICIPAL TORT CLAIMS ACT <br />This memo discusses the required elements of a negligence claim <br />defenses available to the city, including statutory and common lmunity defenses. Well <br />also cover the application of the tort damage caps under the Mun <br />the relevant case law. <br />When reviewing this information, cities should be aware effective July 1, 2009, the statutory tort <br />liability limits will increase to $500,000 per claimant and $1.5 million p for claims <br />occurring after this date. <br />Definition <br />Cities, like other non-governmental defendants, are <br /> <br />generally subject to liability for their torts and those of <br />Under the Municipal Tort Claims <br />Act (Minn. Stat. §466.01-15), cities <br />their officers, employees and agents acting within the <br />are vicariously liable for the torts of <br />scope of their employment or duties. However, cities have <br />their employees or agents acting on <br />specific statutory and common law immunities afforded to <br />the citys behalf. <br />them in addition to other general affirmative tort defenses <br />under the law. <br />Additionally, cities have specificstatutory caps on <br />Definition <br />damages for these torts, which limit their liability in huge <br />damage claims. The purpose behind both the immunity <br />A tort is a civil wrong or injury <br />defenses and the tort damage caps are to protect and <br />which arises out of a violation <br />preserve limited public resources. <br />(breach) of a duty owed by the city <br />to an injured or damaged plaintiff. <br />Elements of a Negligence Claim <br />Under Minnesota law, in order to prevail on a negligence <br />claim, a plaintiff must establish allof thesefour elements: Duty of care, breach of duty of care, <br />proximate cause, and damage or injury. <br />Duty of Care <br />Did the city owe the plaintiff a duty of care? Duty is a crucial element because if the city can <br />establish no duty owed to plaintiff = no negligent cause of action = no lawsuit. This issue <br />oftentimes comes down to whether the city owns, maintains or controls property where plaintiff <br />was injured. This can be determined by reviewing deeds, contracts, or other documents. <br />1 <br /> <br />