Statutes of Limitation
Statutes of Limitation
An object need not be completely installed in order to qualify as an “improvement to real property” under Minn. Stat. sec. 541.051, subd. 1(a) (2004). Negligence during the installation process can lead to the “defective and unsafe condition of an improvement to real property” under section 541.051. When an portion of an improvement to real property was not installed correctly and presented a safety hazard at the time of plaintiff’s alleged injuries, it was defective and unsafe condition within the meaning of section 541.051. While it may not be necessary to show proximate cause between a defective and unsafe condition and an injury in order to show the injury arose out of the defective and unsafe condition within the meaning of section 541.051, such a causal connection is sufficient to meet the requirements of section 541.051.
Lietz v. Northern States Power Co. (Court of Appeals)(unpublished)
An object need not be completely installed in order to qualify as an “improvement to real property” under Minn. Stat. sec. 541.051, subd. 1(a) (2004). Negligence during the installation process can lead to the “defective and unsafe condition of an improvement to real property” under section 541.051. When an portion of an improvement to real property was not installed correctly and presented a safety hazard at the time of plaintiff’s alleged injuries, it was defective and unsafe condition within the meaning of section 541.051. While it may not be necessary to show proximate cause between a defective and unsafe condition and an injury in order to show the injury arose out of the defective and unsafe condition within the meaning of section 541.051, such a causal connection is sufficient to meet the requirements of section 541.051.
Lietz v. Northern States Power Co. (Court of Appeals)(unpublished)
Labels: statutes of limitation
posted by Meshbesher & Spence at 2:47 PM
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