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; or
(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.
This section applies to claims arising from events that occur on or after August 1, 2003.
Subd. 2. Reallocation of uncollectible amounts generally. Upon motion made not later than one year after judgment is entered, the court shall determine whether all or part of a party's equitable share of the obligation is uncollectible from that party and shall reallocate any uncollectible amount among the other parties, including a claimant at fault, according to their respective percentages of fault. A party whose liability is reallocated is nonetheless subject to contribution and to any continuing liability to the claimant on the judgment.
Subd. 3. Product liability; reallocation of uncollectible amounts. In the case of a claim arising from the manufacture, sale, use or consumption of a product, an amount uncollectible from any person in the chain of manufacture and distribution shall be reallocated among all other persons in the chain of manufacture and distribution but not among the claimant or others at fault who are not in the chain of manufacture or distribution of the product. Provided, however, that a person whose fault is less than that of a claimant is liable to the claimant only for that portion of the judgment which represents the percentage of fault attributable to the person whose fault is less.
1978 c 738 s 8; 1986 c 444; 1986 c 455 s 85; 1988 c 503 s 3; 1989 c 209 art 1 s 44; 2003 c 71 s 1
Structure Minnesota Statutes
Chapters 604 - 605 — Civil Actions
Section 604.01 — Comparative Fault; Effect.
Section 604.02 — Apportionment Of Damages.
Section 604.03 — Useful Life Of Product.
Section 604.04 — Notice Of Possible Claim.
Section 604.055 — Waiver Of Liability For Negligent Conduct.
Section 604.06 — Fireman's Rule.
Section 604.10 — Economic Loss Arising From The Sale Of Goods.
Section 604.101 — Economic Loss Doctrine.
Section 604.11 — Medical Malpractice Cases.
Section 604.113 — Issuance Of Worthless Check.
Section 604.12 — Restrictions On Denying Access To Places Of Public Accommodation; Civil Actions.
Section 604.13 — Destruction Of Field Crop Products, Animals, Organisms, Or Cells; Civil Liability.
Section 604.14 — Civil Liability For Theft.
Section 604.15 — Civil Liability For Receiving Motor Fuel Without Paying.
Section 604.16 — Liability For Loss Suffered As A Result Of Peace Officer Pursuit; Penalties.
Section 604.17 — Civil Liability For Fraudulent Or Otherwise Improper Financing Statements.
Section 604.175 — Compliance With Debt Collection Requirements.
Section 604.18 — Insurance Standard Of Conduct.
Section 604.19 — Subversion Of Examination.
Section 604.201 — Cause Of Action For Sexual Exploitation.
Section 604.202 — Liability Of Employer.
Section 604.203 — Scope Of Discovery.
Section 604.204 — Admission Of Evidence.
Section 604.205 — Limitation Period.
Section 604.21 — Indemnity Agreements In Design Professional Services Contracts Void.