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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 certainmunicipal functions, but to the public as a whole. Under this doctrine, even if the city may have done something 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. Breach of Duty of Care In order to show a breach of duty, one must show that Definitions notice. the city had Actual Notice is when a city is aware of dangerous or defective Proximate Cause conditions through complaints; the Was the city’s negligence the cause or substantial factor area has been recommended for in the Plaintiff’s injuries or damages? repair or replacement; or other accidents, injuries, or preexisting Damage or Injury city created conditions. To establish the damage element, plaintiff must prove actual loss or injury. Plaintiff cannot simply speculate Constructive Notice is established or surmise as to his/her loss or injury. through evidence that the dangerous or defective condition Municipal Immunities was present for such a period of time that it constitutes notice. This Cities have a variety of statutory immunities available exists if it can be proven that if the to them under the Municipal Tort Claims Act, Minn. city was exercising reasonable care, Stat. §466.01-15. Cities also have common law official it should have known of the and vicarious official immunity available to them as a dangerous condition. bar to suit. These immunities bar a lawsuit, even if city is potentially negligent. 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: Snow and Ice Immunity, Minn. Stat. §466.03, Subd. 4 Statutory Discretionary Immunity, Minn. Stat. §466.03, Subd. 6 Parks and Recreation Immunity, Minn. Stat. §466.03, Subd. 6e Municipal Authorizations Standard Immunity (Permit), Minn. Stat. §466.03, Subd. 10 Road or Highway Right-of-Way Immunity, Minn. Stat. §466.03, Subd. 22 Snow and Ice Immunity, Minn. Stat. §466.03, Subd. 4 This immunity is most often applied in slip and falls and automobile accidents where the presence of snow and ice was a contributing factor to the accident. Theclaim must be based on snow and ice conditionsonpublic highway or sidewalk,which does notabut the publicly owned building or parking lot is necessary for this immunity to apply. 2