Statutory Immunity And Negligence
Summary
In Minnesota, government entities like the City of Saint Paul generally have statutory immunity for discretionary actions but not for hazards they create negligently. The Minnesota Municipal Tort Liability Act provides cities with immunity for discretionary actions, but this does not cover negligent acts. If negligence can be proven, such as improper snow removal leading to hazardous conditions, a case might be possible. For reference, review Minnesota Statutes, Section 466.03, and the case Otto v. City of St. Paul, 460 N.W.2d 558 (Minn.1990). Consulting a local attorney is recommended for accurate advice.Full Conversation
The city of saint paul.
In Minnesota, government entities like the City of Saint Paul generally have statutory immunity for discretionary actions, but not for hazards they create negligently. However, each case is unique and the specific situation would need to be evaluated.
The City of Saint Paul pushed snow up along a walkway that slopes down. The snow melted onto the walkway and created the slipping hazard.
Based on your situation, here are some key points:
- In Minnesota, the Minnesota Municipal Tort Liability Act provides cities with immunity for discretionary actions.
- However, this immunity doesn't cover negligent acts.
- If you can prove negligence, like not properly dealing with snow leading to hazardous conditions, you might have a case.
For accurate advice, consult a local attorney.
Is there a statute or case law I can look at for reference?
Sure, you can review the Minnesota Statutes, Section *.* which covers municipal liability. For case law, you can look at Otto v. City of St. Paul, * N.W.2d * (Minn.*) which involved a similar situation. Remember, understanding case law can be complex, so consulting a local attorney is recommended.