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.
1978 c 738 s 10; 1986 c 444
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.