HF 561

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; allocating joint and several liability in certain civil
actions; amending Minnesota Statutes 2006, section 604.02, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 604.02, subdivision 1, is amended to read:

Subdivision 1.

Joint liability.

When two or more persons are severally liable,
contributions to awards shall be in proportion to the percentage of fault attributable to
each, except that the following persons are jointly and severally liable for the whole award:

(1) a person whose fault is greater than 50 percent;

(2) two or more persons who act in a common scheme or plan that results in injury;

(3) a person who commits an intentional tort; deleted text begin or
deleted text end

(4) a person whose liability arises under chapters 18B - pesticide control, 115 - water
pollution control, 115A - waste management, 115B - environmental response and liability,
115C - leaking underground storage tanks, and 299J - pipeline safety, public nuisance law
for damage to the environment or the public health, any other environmental or public
health law, or any environmental or public health ordinance or program of a municipality
as defined in section 466.01 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) a person who violates chapter 340A by making an illegal sale of an alcoholic
beverage.
new text end

This section applies to claims arising from events that occur on or after August
1, 2003.

Sec. 2. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin Section 1 is effective August 1, 2007, and applies to claims arising from incidents
occurring on or after that date.
new text end