Minnesota Statutes

Minn. Stat. § 466.04 (2026)

Maximum Liability

✓ current as of May 2026

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Subdivision 1.Limits; punitive damages.

(a) Liability of any municipality on any claim within the scope of sections 466.01 to 466.15 shall not exceed:

(1) $300,000 when the claim is one for death by wrongful act or omission and $300,000 to any claimant in any other case, for claims arising before January 1, 2008;

(2) $400,000 when the claim is one for death by wrongful act or omission and $400,000 to any claimant in any other case, for claims arising on or after January 1, 2008, and before July 1, 2009;

(3) $500,000 when the claim is one for death by wrongful act or omission and $500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;

(4) $750,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 1998, and before January 1, 2000;

(5) $1,000,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 2000, and before January 1, 2008;

(6) $1,200,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 2008, and before July 1, 2009;

(7) $1,500,000 for any number of claims arising out of a single occurrence, for claims arising on or after July 1, 2009;

(8) twice the limits provided in clauses (1) to (7) when the claim arises out of the release or threatened release of a hazardous substance, whether the claim is brought under sections 115B.01 to 115B.15 or under any other law; or

(9) $1,000,000 for any number of claims arising out of a single occurrence, if the claim involves a nonprofit organization engaged in or administering outdoor recreational activities funded in whole or in part by a municipality or operating under the authorization of a permit issued by a municipality.

(b) No award for damages on any such claim shall include punitive damages.

Subd. 1a.Officers and employees.

The liability of an officer or an employee of any municipality for a tort arising out of an alleged act or omission occurring in the performance of duty shall not exceed the limits set forth in subdivision 1, unless the officer or employee provides professional services and also is employed in the profession for compensation by a person or persons other than the municipality.

Subd. 1b.Total claim.

The total liability of the municipality on a claim against it and against its officers or employees arising out of a single occurrence shall not exceed the limits set forth in subdivision 1.

Subd. 2.Inclusions.

The limitation imposed by this section on individual claimants includes damages claimed for loss of services or loss of support arising out of the same tort.

Subd. 3.Disposition of multiple claims.

Where the amount awarded to or settled upon multiple claimants exceeds the applicable limit under subdivision 1, paragraph (a), clauses (4) to (9), any party may apply to any district court to apportion to each claimant a proper share of the total amount limited by subdivision 1. The share apportioned each claimant shall be in the proportion that the ratio of the award or settlement made to each bears to the aggregate awards and settlements for all claims arising out of the occurrence.

Notes of Decisions

Cited in 62 cases (6 in the last 5 years), 1973–2026 · leading case: Rowe v. St. Paul Ramsey Med. Ctr., 472 N.W.2d 640 (Minn. 1991).

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Rowe v. St. Paul Ramsey Med. Ctr., 472 N.W.2d 640 (Minn. 1991). · cites it 72× “The parties to this medical malpractice appeal seek a determination as to whether the claim of a spouse for loss of consortium and the claim of a health insurer for medical expenses are included within a single $200,000 limitation of liability for a claim of personal injury…”

Snyder v. City of Minneapolis, 441 N.W.2d 781 (Minn. 1989). · cites it 21× “not immune from liability for its negligent issuance of the building permit, held the award of damages for negligence not to be clearly erroneous but imposed a $200,000 cap on the city’s liability under Minn.Stat. § 466.04 (1986) and affirmed denial of the § 1983 claim.”

Faber v. Roelofs, 250 N.W.2d 817 (Minn. 1977). · cites it 16× “3a, requires school districts to obtain liability insurance meeting the requirements of § 466.04. Subdivisions 1 and 2 of Minn.St.”

Wilson v. City of Eagan, 297 N.W.2d 146 (Minn. 1980). · cites it 13× “The issues raised by the appeal belie the humble origins of the case: (1) Does Minn.Stat. § 466.04, subd. la (1978) preclude an award of punitive damages against municipal officers and employees? (2) Does the conduct of Larson, the animal warden, and O’Brien, the police officer,…”

Larson Ex Rel. Larson v. Indep. Sch. Dist. No. 314, Braham, 289 N.W.2d 112 (Minn. 1979). · cites it 10× “1971, § 466.04, and (2) that he is entitled to indemnity from the school district.”

Mrozka v. Archdiocese of St. Paul & Mpls., 482 N.W.2d 806 (Minn. Ct. App. 1992). · cites it 12× “20 (1986), it could have specifically done so, as it did with municipalities in Minn.Stat. § 466.04, subd. 1(b) (1990). The public policy of the state is for the legislature to determine, not the court.”

Scott v. Indep. Sch. Dist. No. 709, 256 N.W.2d 485 (Minn. 1977). · cites it 13× “Since the parent’s action is essentially separate from the child’s action, we feel that an injured minor and his father are both claimants under § 466.04 and that each may recover up to $50,000.”

Schroeder v. St. Louis Cnty., 708 N.W.2d 497 (Minn. 2006). · cites it 4× “But the Municipal Tort Claims Act did adopt four provisions that essentially eliminated the policy concerns that underlie *518 official immunity: (1) it established liability limits that also apply to direct claims against public officers and employees (Minn.Stat. § 466.04,…”

Casper v. City of Stacy, 473 N.W.2d 902 (Minn. Ct. App. 1991). · cites it 30× “Under Minn.Stat. § 466.04, subd. 1(1) (1986) a municipality’s liability to any individual claimant shall not exceed $200,-000 in any case not arising out of the release of hazardous substances.”

Johnson v. Washington Cnty., 518 N.W.2d 594 (Minn. 1994). · cites it 6× “The county also argued that if it was liable Minn.Stat. § 466.04 (1992) limited its liability to $200,-000.”

Ronning v. Citizens Sec. Mut. Ins. Co., 557 N.W.2d 363 (Minn. Ct. App. 1996). · cites it 20× “Did the district court err in concluding that the government vehicle exclusion relied upon by the insurer was void as against public policy; and that Ronning was not limited by Minn.Stat. § 466.04 in the amount he was “legally entitled to recover” under the insurer’s insurance…”

Dang v. St. Paul Ramsey Med. Ctr., Inc., 490 N.W.2d 653 (Minn. Ct. App. 1992). · cites it 10× “Minn.Stat. § 466.04 (1990) limits its liability to $200,000.”

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