2000 Minnesota Statutes

CHAPTER 604A. Civil liability; good samaritan, charity, or other activity

     604A.01 Good Samaritan law. 

    Subdivision 1.    Duty to assist.  A person at the scene 
 of an emergency who knows that another person is exposed to or 
 has suffered grave physical harm shall, to the extent that the 
 person can do so without danger or peril to self or others, give 
 reasonable assistance to the exposed person.  Reasonable 
 assistance may include obtaining or attempting to obtain aid 
 from law enforcement or medical personnel.  A person who 
 violates this subdivision is guilty of a petty misdemeanor.  

    Subd. 2.    General immunity from liability.  (a) A 
 person who, without compensation or the expectation of 
 compensation, renders emergency care, advice, or assistance at 
 the scene of an emergency or during transit to a location where 
 professional medical care can be rendered, is not liable for any 
 civil damages as a result of acts or omissions by that person in 
 rendering the emergency care, advice, or assistance, unless the 
 person acts in a willful and wanton or reckless manner in 
 providing the care, advice, or assistance.  This subdivision 
 does not apply to a person rendering emergency care, advice, or 
 assistance during the course of regular employment, and 
 receiving compensation or expecting to receive compensation for 
 rendering the care, advice, or assistance. 

    (b) For the purposes of this section, the scene of an 
 emergency is an area outside the confines of a hospital or other 
 institution that has hospital facilities, or an office of a 
 person licensed to practice one or more of the healing arts 
 under chapter 147, 147A, 148, 150A, or 153.  The scene of an 
 emergency includes areas threatened by or exposed to spillage, 
 seepage, fire, explosion, or other release of hazardous 
 materials, and includes ski areas and trails.  

    (c) For the purposes of this section, "person" includes a 
 public or private nonprofit volunteer firefighter, volunteer 
 police officer, volunteer ambulance attendant, volunteer first 
 provider of emergency medical services, volunteer ski patroller, 
 and any partnership, corporation, association, or other entity.  

    (d) For the purposes of this section, "compensation" does 
 not include payments, reimbursement for expenses, or pension 
 benefits paid to members of volunteer organizations. 

    (e) For purposes of this section, "emergency care" includes 
 providing emergency medical care by using or providing an 
 automatic external defibrillator, unless the person on whom the 
 device is to be used objects.  "Automatic external 
 defibrillator" means a medical device heart monitor and 
 defibrillator that: 

    (1) has received approval of its premarket notification, 
 filed pursuant to United States Code, title 21, section 360(k), 
 from the United States Food and Drug Administration; 

    (2) is capable of recognizing the presence or absence of 
 ventricular fibrillation or rapid ventricular tachycardia, and 
 is capable of determining, without intervention by an operator, 
 whether defibrillation should be performed; and 

    (3) upon determining that defibrillation should be 
 performed, automatically charges and requests delivery of an 
 electrical impulse to an individual's heart. 

    HIST: 1994 c 623 art 2 s 1; 1995 c 205 art 2 s 8; 1998 c 329 s 
 1 

     604A.015 School bus driver immunity from liability. 

    A school bus driver who, while on duty, provides emergency 
 care, advice, or assistance at the scene of an emergency or 
 during transit to a location where professional medical care can 
 be rendered, is not liable in ordinary negligence, for any civil 
 damages as a result of acts or omissions to the person to whom 
 assistance is rendered by the school bus driver in rendering the 
 emergency care, advice, or assistance.  For the purposes of this 
 section, the scene of an emergency is an area outside the 
 confines of a hospital or other institution that has hospital 
 facilities, or an office of a person licensed to practice one or 
 more of the healing arts under chapter 147, 148, 150A, or 153. 

    HIST: 1Sp1995 c 3 art 2 s 48 

     604A.02 Aid to shooting victim. 

    A person who is subject to the duty imposed by section 
 609.662, subdivision 3, who, without compensation or expectation 
 of compensation, renders assistance to the injured person, is 
 not liable for any civil damages as a result of acts or 
 omissions by that person in rendering the assistance unless that 
 person acts in a willful and wanton or reckless manner in 
 rendering the assistance.  This section does not apply to a 
 person who renders the assistance during the course of regular 
 employment and receives compensation or expects to receive 
 compensation for rendering the assistance. 

    HIST: 1994 c 623 art 2 s 2 

     604A.03 Miscellaneous Good Samaritan laws. 

    Certain persons who provide assistance at the scene of a 
 hazardous materials response incident are not liable for damages 
 to the extent provided in section 299A.51, subdivision 3. 

    HIST: 1994 c 623 art 2 s 3 

     604A.10 Liability of food donors. 

    Subdivision 1.    Definitions.  (a) For the purposes of 
 this section, the following terms have the meanings given them. 

    (b) "Distressed food" means, in addition to the definition 
 in section 31.495, certain perishable foods, as defined in 
 section 28A.03, that may not be readily marketable due to 
 appearance, freshness, grade, surplus, or other considerations 
 and are not suspect of having been rendered unsafe or unsuitable 
 for food use and are adequately labeled.  

    (c) "Food bank" means a surplus food collection and 
 distribution system operated and established to assist in 
 bringing donated food to nonprofit charitable organizations and 
 individuals for the purpose of reducing hunger and meeting 
 nutritional needs. 

    (d) "Food facility" means: 

    (1) a restaurant, food establishment, grocery store, 
 delicatessen, convenience store, vehicle, vending machine, 
 produce stand, temporary food facility, satellite food 
 distribution facility, stationary mobile food preparation unit, 
 or mobile food preparation unit; 

    (2) a place used in conjunction with the operations 
 described in clause (1), including, but not limited to, storage 
 facilities for food-related utensils, equipment, and materials; 
 or 

    (3) a farmers' market. 

    (e) "Nonprofit charitable organization" means an 
 organization that is incorporated under the Minnesota Nonprofit 
 Corporation Act and is operating for charitable purposes. 

    Subd. 2.    Donation; distressed food.  A food 
 manufacturer, distributor, processor, or a person who donates or 
 collects distressed food to or for the state, a political 
 subdivision, or an institution or facility operated by the state 
 or a political subdivision for any lawful purpose or to or for a 
 nonprofit charitable organization for distribution at no charge 
 to the elderly or needy, or who directly distributes distressed 
 food to the elderly or needy at no charge, is not liable for any 
 injury, including but not limited to injury resulting from the 
 ingesting of the distressed food, unless the injury is caused by 
 the gross negligence, recklessness, or intentional misconduct of 
 the food manufacturer, processor, distributor, or person.  

    Subd. 3.    Distribution.  A food bank or nonprofit 
 charitable organization that in good faith collects or receives 
 and distributes to the elderly or needy, at no charge, food that 
 is fit for human consumption at the time it is distributed, is 
 not liable for any injury, including but not limited to injury 
 resulting from the ingesting of the food, unless the injury is 
 caused by the gross negligence, recklessness, or intentional 
 misconduct of the food bank or nonprofit charitable organization.

    Subd. 4.    Other food donation.  A food facility that 
 donates, to a food bank or other nonprofit charitable 
 organization, food that is fit for human consumption at the time 
 of donation and distributed by the food bank or nonprofit 
 charitable organization to the elderly or needy at no charge, is 
 not liable for any injury, including, but not limited to, 
 liability resulting from ingestion of the food, unless the 
 injury is caused by the gross negligence, recklessness, or 
 intentional misconduct of the food facility. 

    Subd. 5.    Authority not restricted.  This section does 
 not restrict the authority of the commissioner of agriculture to 
 regulate or ban the use or consumption of distressed food 
 donated, collected, or received for charitable purposes.  

    HIST: 1994 c 623 art 3 s 1; 1995 c 109 s 2; 1998 c 333 s 1 

     604A.11 Volunteer athletic coaches and officials; 
  physicians and trainers; immunity from liability. 

    Subdivision 1.    Grant.  (a) No individual who provides 
 services or assistance without compensation as an athletic 
 coach, manager, official, physician, or certified athletic 
 trainer for a sports team that is organized or performing under 
 a nonprofit charter or as a physician or certified athletic 
 trainer for a sports team or athletic event sponsored by a 
 public or private educational institution, and no 
 community-based, voluntary nonprofit athletic association, or 
 any volunteer of the nonprofit athletic association, is liable 
 for money damages to a player, participant, or spectator as a 
 result of an individual's acts or omissions in the providing of 
 that service or assistance either at the scene of the event or, 
 in the case of a physician or athletic trainer, while the 
 player, participant, or spectator is being transported to a 
 hospital, physician's office, or other medical facility. 

    (b) This section applies to organized sports competitions 
 and practice and instruction in that sport. 

    (c) For purposes of this section, "compensation" does not 
 include reimbursement for expenses. 

    Subd. 2.    Limitation.  Subdivision 1 does not apply: 

    (1) to the extent that the acts or omissions are covered 
 under an insurance policy issued to the entity for whom the 
 coach, manager, official, physician, or certified athletic 
 trainer serves; 

    (2) if the individual acts in a willful and wanton or 
 reckless manner in providing the services or assistance; 

    (3) if the acts or omissions arise out of the operation, 
 maintenance, or use of a motor vehicle; 

    (4) to an athletic coach, manager, or official who provides 
 services or assistance as part of a public or private 
 educational institution's athletic program; 

    (5) to a public or private educational institution for 
 which a physician or certified athletic trainer provides 
 services; or 

    (6) if the individual acts in violation of federal, state, 
 or local law. 

    The limitation in clause (1) constitutes a waiver of the 
 defense of immunity to the extent of the liability stated in the 
 policy, but has no effect on the liability of the individual 
 beyond the coverage provided.  The limitation in clause (5) does 
 not affect the limitations on liability of a public educational 
 institution under section 3.736 or chapter 466.  

    HIST: 1994 c 623 art 3 s 2 

     604A.12 Livestock activities; immunity from liability. 

    Subdivision 1.    Definitions.  (a) For purposes of this 
 section, the following terms have the meanings given them. 

    (b) "Inherent risks of livestock activities" means dangers 
 or conditions that are an integral part of livestock activities, 
 including: 

    (1) the propensity of livestock to behave in ways that may 
 result in death or injury to persons on or around them, such as 
 kicking, biting, or bucking; 

    (2) the unpredictability of livestock's reaction to things 
 like sound, sudden movement, unfamiliar objects, persons, or 
 other animals; 

    (3) natural hazards such as surface or subsurface 
 conditions; or 

    (4) collisions with other livestock or objects. 

    (c) "Livestock" means cattle, sheep, swine, horses, ponies, 
 donkeys, mules, hinnies, goats, buffalo, llamas, or poultry. 

    (d) "Livestock activity" means an activity involving the 
 maintenance or use of livestock, regardless of whether the 
 activity is open to the general public, provided the activity is 
 not performed for profit.  Livestock activity includes: 

    (1) livestock production; 

    (2) loading, unloading, or transporting livestock; 

    (3) livestock shows, fairs, competitions, performances, 
 races, rodeos, or parades; 

    (4) livestock training or teaching activities; 

    (5) boarding, shoeing, or grooming livestock; or 

    (6) riding or inspecting livestock or livestock equipment. 

    (e) "Livestock activity sponsor" means a person who 
 sponsors, organizes, or provides the facilities for a livestock 
 activity that is open to the general public. 

    (f) "Participant" means a person who directly and 
 intentionally engages in a livestock activity.  Participant does 
 not include a spectator who is in an authorized area. 

    Subd. 2.    Immunity from liability.  Except as provided 
 in subdivision 3, a nonprofit corporation, association, or 
 organization, or a person or other entity donating services, 
 livestock, facilities, or equipment for the use of a nonprofit 
 corporation, association, or organization, is not liable for the 
 death of or an injury to a participant resulting from the 
 inherent risks of livestock activities. 

    Subd. 3.    Exceptions.  Subdivision 2 does not apply if 
 any of the following exist: 

    (1) the person provided livestock for the participant and 
 failed to make reasonable efforts to determine the ability of 
 the participant to safely engage in the livestock activity or to 
 determine the ability of the participant to safely manage the 
 particular livestock based on the participant's representations 
 of the participant's ability; 

    (2) the person provided equipment or tack for the livestock 
 and knew or should have known that it was faulty to the extent 
 that it caused the injury or death; 

    (3) the person owns or leases the land upon which a 
 participant was injured or died because of a human-made 
 dangerous latent condition and failed to use reasonable care to 
 protect the participant; 

    (4) the person is a livestock activity sponsor and fails to 
 comply with the notice requirement of subdivision 4; or 

    (5) the act or omission of the person was willful or 
 negligent. 

    Subd. 4.    Posting notice.  A livestock activity 
 sponsor shall post plainly visible signs at one or more 
 prominent locations in the premises where the livestock activity 
 takes place that include a warning of the inherent risks of 
 livestock activity and the limitation of liability under this 
 section. 

    HIST: 1994 c 623 art 3 s 3 

     604A.13 Miscellaneous volunteer and charitable 
  activities. 

    An individual and an individual's estate are not liable for 
 an anatomical gift as provided in section 525.9221, paragraph 
 (d). 

    HIST: 1994 c 623 art 3 s 4 

     604A.20 Policy. 

    It is the policy of this state, in furtherance of the 
 public health and welfare, to encourage and promote the use of 
 land owned by a municipal power agency and privately owned lands 
 and waters by the public for beneficial recreational purposes, 
 and the provisions of sections 604A.20 to 604A.27 are enacted to 
 that end. 

    HIST: 1994 c 623 art 4 s 1; 1999 c 183 s 1 

     604A.21 Recreational land use; definitions. 

    Subdivision 1.    General.  For the purposes of sections 
 604A.20 to 604A.27, the terms defined in this section have the 
 meanings given them, except where the context clearly indicates 
 otherwise.  

    Subd. 2.    Charge.  "Charge" means any admission price 
 asked or charged for services, entertainment, recreational use, 
 or other activity or the offering of products for sale to the 
 recreational user by a commercial for profit enterprise directly 
 related to the use of the land. 

    Subd. 2a.    Dedicated.  "Dedicated" means made 
 available by easement, license, permit, or other authorization.  

    Subd. 3.    Land.  "Land" means any of the following 
 which is privately owned or leased or in which a municipal power 
 agency has rights:  land, easements, rights-of-way, roads, 
 water, watercourses, private ways and buildings, structures, and 
 other improvements to land, and machinery or equipment when 
 attached to land. 

    Subd. 4.    Owner.  "Owner" means the possessor of a fee 
 interest or a life estate, tenant, lessee, occupant, holder of a 
 utility easement, or person in control of the land. 

    Subd. 5.    Recreational purpose.  "Recreational purpose"
 includes, but is not limited to, hunting; trapping; fishing; 
 swimming; boating; camping; picnicking; hiking; bicycling; 
 horseback riding; firewood gathering; pleasure driving, 
 including snowmobiling and the operation of any motorized 
 vehicle or conveyance upon a road or upon or across land in any 
 manner, including recreational trail use; nature study; water 
 skiing; winter sports; and viewing or enjoying historical, 
 archaeological, scenic, or scientific sites. 

    Subd. 6.    Recreational trail use.  "Recreational trail 
 use" means use on or about a trail, including but not limited 
 to, hunting, trapping, fishing, hiking, bicycling, skiing, 
 horseback riding, snowmobile riding, and motorized trail riding. 

    HIST: 1994 c 623 art 4 s 2; 1999 c 183 s 2-4 

     604A.22 Owner's duty of care or duty to give warnings. 

    Except as provided in section 604A.25, an owner who gives 
 written or oral permission for the use of the land for 
 recreational purposes without charge: 

    (1) owes no duty of care to render or maintain the land 
 safe for entry or use by other persons for recreational purpose; 

    (2) owes no duty to warn those persons of any dangerous 
 condition on the land, whether patent or latent; 

    (3) owes no duty of care toward those persons except to 
 refrain from willfully taking action to cause injury; and 

    (4) owes no duty to curtail use of the land during its use 
 for recreational purpose. 

    HIST: 1994 c 623 art 4 s 3 

     604A.23 Owner's liability. 

    An owner who gives written or oral permission for the use 
 of the land for recreational purposes without charge does not by 
 that action: 

    (1) extend any assurance that the land is safe for any 
 purpose; 

    (2) confer upon the person the legal status of an invitee 
 or licensee to whom a duty of care is owed; or 

    (3) assume responsibility for or incur liability for any 
 injury to the person or property caused by an act or omission of 
 the person. 

    HIST: 1994 c 623 art 4 s 4 

     604A.24 Liability; leased land, water-filled mine pits; 
  municipal power agency land. 

    Unless otherwise agreed in writing, sections 604A.22 and 
 604A.23 also apply to the duties and liability of an owner of 
 the following land: 

    (1) land leased to the state or any political subdivision 
 for recreational purpose; or 

    (2) idled or abandoned, water-filled mine pits whose pit 
 walls may slump or cave, and to which water the public has 
 access from a water access site operated by a public entity; or 

    (3) land of which a municipal power agency is an owner and 
 that is used for recreational trail purposes, and other land of 
 a municipal power agency which is within 300 feet of such land 
 if the entry onto such land was from land that is dedicated for 
 recreational purposes or recreational trail use.  

    HIST: 1994 c 623 art 4 s 5; 1999 c 183 s 5 

     604A.25 Owner's liability; not limited. 

    Except as set forth in this section, nothing in sections 
 604A.20 to 604A.27 limits liability that otherwise exists: 

    (1) for conduct which, at law, entitles a trespasser to 
 maintain an action and obtain relief for the conduct complained 
 of; or 

    (2) for injury suffered in any case where the owner charges 
 the persons who enter or go on the land for the recreational 
 purpose, except that in the case of land leased or dedicated to 
 the state or a political subdivision, any consideration received 
 from the state or political subdivision by the owner for the 
 lease or dedication is not considered a charge within the 
 meaning of this section. 

    Except for conduct set forth in section 604A.22, clause 
 (3), a person may not maintain an action and obtain relief at 
 law for conduct referred to by clause (1) in this section if the 
 entry upon the land is incidental to or arises from access 
 granted for the recreational trail use of land dedicated, 
 leased, or permitted by the owners for recreational trail use. 

    HIST: 1994 c 623 art 4 s 6; 1999 c 183 s 6 

     604A.26 Land user's liability. 

    Nothing in sections 604A.20 to 604A.27 relieves any person 
 using the land of another for recreational purpose from any 
 obligation that the person may have in the absence of sections 
 604A.20 to 604A.27 to exercise care in use of the land and in 
 the person's activities on the land, or from the legal 
 consequences of failure to employ that care.  

    HIST: 1994 c 623 art 4 s 7 

     604A.27 Dedication; easement. 

    No dedication of any land in connection with any use by any 
 person for a recreational purpose takes effect in consequence of 
 the exercise of that use for any length of time except as 
 expressly permitted or provided in writing by the owner, nor 
 shall the grant of permission for the use by the owner grant to 
 any person an easement or other property right in the land 
 except as expressly provided in writing by the owner. 

    HIST: 1994 c 623 art 4 s 8 

     604A.30 Breath alcohol testing device in liquor 
  establishments. 

    Subdivision 1.    Definitions.  (a) For purposes of this 
 section, the following terms have the meanings given them. 

    (b) "Breath alcohol testing device" means a device that 
 tests for alcohol concentration by using a breath sample. 

    (c) "Licensed premises" has the meaning given in section 
 340A.101, subdivision 15. 

    (d) "Liquor licensee" means a person licensed under 
 sections 340A.403 to 340A.407 or 340A.414, and includes an agent 
 or employee of a licensee. 

    Subd. 2.    Immunity from liability.  (a) Subject to 
 subdivision 3, a liquor licensee who administers or makes 
 available a breath alcohol testing device in the licensed 
 premises is immune from any liability arising out of the result 
 of the test.  

    (b) Subject to subdivision 3, a designer, manufacturer, 
 distributor, or seller of a breath alcohol testing device is 
 immune from any products liability or other cause of action 
 arising out of the result of a test by the breath alcohol 
 testing device in a licensed premises. 

    Subd. 3.    Immunity requirements.  Subdivision 2 
 applies only if: 

    (1) a conspicuous notice is posted in the licensed premises:

    (i) informing patrons of the immunity provisions of 
 subdivision 2 and notifying them that the test is made available 
 solely for their own informal use and information; and 

    (ii) informing patrons of the alcohol-related driving 
 penalties under chapter 169A and section 609.21; 

    (2) the type of breath alcohol testing device is certified 
 by the commissioner of public safety under subdivision 7; and 

    (3) the breath alcohol testing device test results are 
 indicated as follows: 

    (i) the breath alcohol testing device shows a white light 
 and gives a reading of alcohol concentration if alcohol 
 concentration is less than .05; 

    (ii) the breath alcohol testing device shows a yellow light 
 and gives a reading of alcohol concentration if alcohol 
 concentration is .05 or more but less than .08; 

    (iii) the breath alcohol testing device shows an orange 
 light and gives a reading of alcohol concentration if alcohol 
 concentration is .08 or more but less than .10, and displays a 
 message that states "You are close to the legal limit and your 
 driving may be impaired"; or 

    (iv) the breath alcohol testing device shows a red light if 
 alcohol concentration is .10 or greater but does not give a 
 reading of alcohol concentration, and displays a message that 
 states that the person fails the test. 

    Subd. 4.    Evidence.  Evidence regarding the result of 
 a test by a breath alcohol testing device in a licensed premises 
 is not admissible in any civil or criminal proceeding.  

    Subd. 5.    Dramshop.  This section does not affect 
 liability under section 340A.801. 

    Subd. 6.    Preparation of notice.  The commissioner of 
 public safety shall prepare and make available to liquor 
 licensees the notices described in subdivision 3. 

    Subd. 7.    Rules; certification.  The commissioner of 
 public safety shall adopt any rules reasonably required to 
 implement this section, including performance and maintenance 
 standards for breath alcohol testing devices.  The commissioner 
 shall certify breath alcohol testing devices that meet the 
 performance standards.  The costs of rulemaking and 
 certification must be borne by the manufacturers of the breath 
 alcohol testing devices. 

    HIST: 1994 c 623 art 4 s 9; 2000 c 478 art 2 s 7 

     604A.301 Limited liability for certain nonprofit 
  treatment facilities. 

    Subdivision 1.    Limit on amount of liability.  A 
 treatment facility organized as a nonprofit corporation under 
 chapter 317A that accepts individuals for treatment under a 
 court order or an order of the commissioner of corrections as 
 part of an adult or juvenile corrections program is subject to 
 the same liability limits provided for state agencies under 
 section 3.736, subdivision 4, with respect to claims against the 
 facility arising out of the treatment of those individuals or 
 the activities of those individuals while in the care of the 
 program, if the treatment facility procures insurance against 
 liability for claims described under this section, which 
 insurance is in an amount equal to the greater of $500,000 per 
 claim or occurrence or the amounts specified for the state under 
 section 3.736, subdivision 4.  This section does not apply if 
 the conduct of a facility was intentional or grossly negligent. 

    Subd. 2.    Effect of excess liability insurance.  
 Notwithstanding subdivision 1, if a treatment facility has 
 insurance coverage in excess of the liability limits under 
 section 3.736, subdivision 4, the procurement of that insurance 
 constitutes a waiver of those limits but only to the extent that 
 valid and collectible insurance exceeds those limits and covers 
 a claim.  The purchase of excess insurance has no other effect 
 on the liability of the treatment facility. 

    HIST: 1998 c 336 s 1 

     604A.31 Miscellaneous public benefit or function. 

    Subdivision 1.    Nursing home receivers.  Certain 
 nursing home receivers are immune from personal liability as 
 provided in section 144A.15, subdivision 4. 

    Subd. 2.    Health care review organizations.  Certain 
 persons involved in health care review organization activities 
 are immune from liability as provided in section 145.63. 

    Subd. 3.    Background checks.  (a) Certain persons who 
 issue certificates in conjunction with gun permit background 
 checks are immune from liability as provided in section 624.713, 
 subdivision 1. 

    (b) Employers who provide information in conjunction with 
 background investigations of applicants for employment with a 
 law enforcement agency are immune from civil liability as 
 provided in section 626.87, subdivision 4. 

    Subd. 4.    Firefighter and peace officer investigations. 
  Employers who provide information in conjunction with 
 employment investigations of applicants for fire protection 
 service positions or peace officer positions are immune from 
 civil liability as provided in section 299F.036, subdivision 4, 
 or 626.87. 

    HIST: 1994 c 623 art 4 s 10; 1997 c 214 s 3; 1999 c 197 s 2 

     604A.32 Alternative dispute resolution immunity. 

    A person presiding at an alternative dispute resolution 
 proceeding is not subject to civil liability for the person's 
 conduct in presiding over the proceeding, except for injury 
 caused by malice, bad faith, or reckless conduct.  This section 
 does not restrict or affect immunity from liability that may be 
 available under other law. 

    HIST: 1997 c 29 s 1