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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 certain municipal 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 the city had notice. Actual Notice is when a city is Proximate Cause aware of dangerous or defective Was the city's negligence the cause or substantial factor conditions through complaints;the in the Plaintiff's injuries or damages? area has been recommended for repair or replacement;or other Damage or Injury accidents, injuries,or preexisting To establish the damage element,plaintiff must prove city created conditions. 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 Cities have a variety of statutory immunities available time that it constitutes notice. This to them under the Municipal Tort Claims Act,Minn. exists if it can be proven that if the Stat. §466.01-15. Cities also have common law official city was exercising reasonable care, and vicarious official immunity available to them as a it should have known of the bar to suit.These immunities bar a lawsuit, even if city dangerous condition. 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. The claim must be based on snow and ice conditions on public highway or sidewalk,which does not abut the publicly owned building or parking lot is necessary for this immunity to apply. 2