Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
604.04 NOTICE OF POSSIBLE CLAIM.
Subdivision 1. Persons receiving notice; timing. The attorney for a person who intends
to claim damage for or on account of personal injury, death or property damage arising out of
the manufacture, sale, use or consumption of a product shall cause to be presented a notice of
possible claim stating the time, place and circumstances of events giving rise to the claim and an
estimate of compensation or other relief to be sought. This notice shall be given within six months
of the date of entering into an attorney-client relation with the claimant in regard to the claim.
Notice shall be given to all persons against whom the claim is likely to be made. Any person in
the chain of manufacture and distribution shall promptly furnish to the claimant's attorney the
names and addresses of all persons the person knows to be in the chain of manufacture and
distribution if requested to do so by the attorney at the time the notice is given. Failure to furnish
this information shall subject the person to the liability provided for in subdivision 3.
Actual notice of sufficient facts to reasonably put a person against whom the claim is to be
made or the person's insurer on notice of a possible claim satisfies the notice requirements of this
section. Failure to state an estimate of the amount of compensation or other relief demanded does
not invalidate the notice, but the claimant shall furnish full information regarding the nature
and extent of the injuries and damages within 15 days after demand by a person to whom the
notice was given or by the person's insurer.
Subd. 2. Unreasonable delay. A claimant who delays entering into an attorney-client
relation with the purpose of delaying unreasonably the notice required by subdivision 1 is subject
to liability as provided in subdivision 3.
Subd. 3. Failure to notify. Any person injured by the failure of a claimant or the claimant's
attorney or of a person in the chain of manufacture and distribution to comply with the
requirements of this section may recover damages, costs and reasonable attorney fees from
a person who violated this section, but failure to give notice does not affect the validity of a
claim against a party who did not receive notice.
History: 1978 c 738 s 10; 1986 c 444
Subdivision 1. Persons receiving notice; timing. The attorney for a person who intends
to claim damage for or on account of personal injury, death or property damage arising out of
the manufacture, sale, use or consumption of a product shall cause to be presented a notice of
possible claim stating the time, place and circumstances of events giving rise to the claim and an
estimate of compensation or other relief to be sought. This notice shall be given within six months
of the date of entering into an attorney-client relation with the claimant in regard to the claim.
Notice shall be given to all persons against whom the claim is likely to be made. Any person in
the chain of manufacture and distribution shall promptly furnish to the claimant's attorney the
names and addresses of all persons the person knows to be in the chain of manufacture and
distribution if requested to do so by the attorney at the time the notice is given. Failure to furnish
this information shall subject the person to the liability provided for in subdivision 3.
Actual notice of sufficient facts to reasonably put a person against whom the claim is to be
made or the person's insurer on notice of a possible claim satisfies the notice requirements of this
section. Failure to state an estimate of the amount of compensation or other relief demanded does
not invalidate the notice, but the claimant shall furnish full information regarding the nature
and extent of the injuries and damages within 15 days after demand by a person to whom the
notice was given or by the person's insurer.
Subd. 2. Unreasonable delay. A claimant who delays entering into an attorney-client
relation with the purpose of delaying unreasonably the notice required by subdivision 1 is subject
to liability as provided in subdivision 3.
Subd. 3. Failure to notify. Any person injured by the failure of a claimant or the claimant's
attorney or of a person in the chain of manufacture and distribution to comply with the
requirements of this section may recover damages, costs and reasonable attorney fees from
a person who violated this section, but failure to give notice does not affect the validity of a
claim against a party who did not receive notice.
History: 1978 c 738 s 10; 1986 c 444
Official Publication of the State of Minnesota
Revisor of Statutes