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541.07 TWO- OR THREE-YEAR LIMITATIONS.
Except where the Uniform Commercial Code, this section, section 148A.06, 541.05, 541.073,
or 541.076 otherwise prescribes, the following actions shall be commenced within two years:
(1) for libel, slander, assault, battery, false imprisonment, or other tort resulting in personal
injury, and all actions against veterinarians as defined in chapter 156, for malpractice, error,
mistake, or failure to cure, whether based on contract or tort; provided a counterclaim may be
pleaded as a defense to any action for services brought by a veterinarian after the limitations
period if it was the property of the party pleading it at the time it became barred and was not
barred at the time the claim sued on originated, but no judgment thereof except for costs can be
rendered in favor of the party so pleading it;
(2) upon a statute for a penalty or forfeiture, except as provided in sections 541.074 and
541.075;
(3) for damages caused by a dam, other than a dam used for commercial purposes; but as
against one holding under the preemption or homestead laws, the limitations shall not begin to run
until a patent has been issued for the land so damaged;
(4) against a master for breach of an indenture of apprenticeship; the limitation runs from
the expiration of the term of service;
(5) for the recovery of wages or overtime or damages, fees, or penalties accruing under any
federal or state law respecting the payment of wages or overtime or damages, fees, or penalties
except, that if the employer fails to submit payroll records by a specified date upon request of the
Department of Labor and Industry or if the nonpayment is willful and not the result of mistake or
inadvertence, the limitation is three years. (The term "wages" means all remuneration for services
or employment, including commissions and bonuses and the cash value of all remuneration in
any medium other than cash, where the relationship of master and servant exists and the term
"damages" means single, double, or treble damages, accorded by any statutory cause of action
whatsoever and whether or not the relationship of master and servant exists);
(6) for damages caused by the establishment of a street or highway grade or a change in the
originally established grade;
(7) against the person who applies the pesticide for injury or damage to property resulting
from the application, but not the manufacture or sale, of a pesticide.
History: (9193) RL s 4078; 1925 c 113 s 1; 1935 c 80 s 1; 1945 c 513 s 1; 1953 c 378 s 3;
1955 c 843 s 1; 1963 c 749 s 2; 1965 c 812 s 21; 1978 c 738 s 2; 1982 c 546 s 2; 1984 c 608 s
4; 1989 c 190 s 1; 1989 c 286 s 1; 1990 c 419 s 1; 1992 c 511 art 7 s 23; 1997 c 213 art 3
s 1; 1999 c 23 s 1; 2000 c 471 s 2