Details

1. 2013 Minn. ALS 89, 2013 Minn. Chapter Law 89, 2013 Minn. H.F. No. 681. EFFECTIVE DATE; APPLICABILITY.  (a)  This section is effective the day following final enactment. Except as provided in paragraph (b), this section applies to actions that were not time-barred before the effective date.  (b)  Notwithstanding any other provision of law, in the case of alleged sexual abuse of an individual under the age of 18, if the action would otherwise be time-barred under a previous version of Minnesota Statutes, section 541.073, or other time limit, an action for damages against a person, as defined in Minnesota Statutes, section 541.073, subdivision 1, clause (2), may be commenced no later than three years following the effective date of this section. This paragraph does not apply to a claim for vicarious liability or respondeat superior, but does apply to other claims, including negligence. This paragraph applies to actions pending on or commenced on or after the effective date.

2. Minn. Stat. § 541.073(2) (“…may be commenced at any time in the case of alleged sexual abuse of an individual under the age of 18, except as provided for in subdivision 4; and (3) must be commenced before the plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused a minor when that natural person was under 14 years of age.”)

3. Minn. Stat. § 541.073(2)(b)  (The plaintiff need not establish which act in a continuous series of sexual abuse acts by the defendant caused the injury.)

4. Minn. Stat. § 541.073(2)(c)  This section does not affect the suspension of the statute of limitations during a period of disability under section 541.15

5.  Minn. Stat. § 541.073(3) Applicability. — This section applies to an action for damages commenced against a person who was a cause of the plaintiff’s damages either by (1) committing sexual abuse against the plaintiff, or (2) negligence.

6. Minn. Stat. § 541.073 (4) (Vicarious liability or respondeat superior claims. — A claim for vicarious liability or liability under the doctrine of respondeat superior must be commenced within six years of the alleged sexual abuse, provided that if the plaintiff was under the age of 18 at the time of the alleged abuse, the claim must be commenced before the plaintiff is 24 years of age. This subdivision does not limit the availability of these claims under other law.)

TOLLING:

Majority, yes.  18.

1. Minn. Stat. § 541.073(2)(c)  This section does not affect the suspension of the statute of limitations during a period of disability under section 541.15

2. Minn. Stat. § 541.15(1)  that the plaintiff is within the age of 18 years.

Discovery, yes, liberal (causal)

1. D.M.S. v. Barber, 645 N.W.2d 383, 389-390 (Minn. 2002) (delayed discovery statute applies to both damages claims for sex abuse and those for negligence).

a. Likely inapplicable to respondeat superior claims. See, Minn. Stat. § 541.073 (4)

2. D.M.S. v. Barber, 645 N.W.2d 383, 387 (Minn. 2002) (“Significantly, the delayed discovery statute also provides that the six-year period of limitation does not begin to run until the plaintiff knows or has reason to know that his or her personal injury was caused by sexual abuse.”)

Minn. Stat. § 628.26 (f). Otherwise, +9 years from commission or +3 years from reporting to law enforcement, whichever is later. Minn. Stat. § 628.26 (e).

Minn. Stat. § 628.26 (f)  Notwithstanding the limitations in paragraph (e), indictments or complaints for violation of sections 609.342 to 609.344 may be found or made and filed in the proper court at any time after commission of the offense, if physical evidence is collected and preserved that is capable of being tested for its DNA characteristics. If this evidence is not collected and preserved and the victim was 18 years old or older at the time of the offense, the prosecution must be commenced within nine years after the commission of the offense.

Minn. Stat. § 628.26 (e) (“Indictments or complaints for violation of sections 609.342 to 609.345 if the victim was under the age of 18 years at the time the offense was committed, shall be found or made and filed in the proper court within the later of nine years after the commission of the offense or three years after the offense was reported to law enforcement authorities.