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0 0 <br /> LEAGUE of CONNECTING & INNOVATING <br /> MINNESOTA SINCE 1913 <br /> CITIES <br /> 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 against a city and the unique <br /> defenses available to the city, including statutory and common law immunity defenses. We'll <br /> also cover the application of the tort damage caps under the Municipal Tort Claims Act as well as <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 per occurrence for claims <br /> occurring after this date. <br /> Definition <br /> Cities, like other non-governmental defendants, are <br /> generally subject to liability for their torts and those of Under the Municipal Tort Claims <br /> their officers, employees and agents acting within the Act(Minn.Stat.§466.01-15),cities <br /> scope of their employment or duties. However, cities have are vicariously liable for the torts of <br /> specific statutory and common law immunities afforded to their employees or agents acting on <br /> them in addition to other general affirmative tort defenses the city's behalf. <br /> under the law. <br /> Additionally, cities have specific statutory caps on <br /> damages for these torts,which limit their liability in huge Definition <br /> damage claims. The purpose behind both the immunity <br /> defenses and the tort damage caps are to protect and A tort is a civil wrong or injury <br /> preserve limited public resources. which arises out of a violation <br /> (breach)of a duty owed by the city <br /> Elements of a Negligence Claim to an injured or damaged plaintiff. <br /> Under Minnesota law,in order to prevail on a negligence <br /> claim, a plaintiff must establish all of these four 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 />