If you believe that MnDOT was negligent, causing damage or injury to you or your property, please follow these steps to submit a tort claim to MnDOT. Under Minnesota's contributory negligence law, an injured plaintiff may recover compensation proportionate with his or her degree of fault.Nofault laws mean that after an accident happens, your car insurance is required to pay for your medical bills and wage loss. Tort claims against the government at the state level are allowed under Minnesota Statutes section 3.736 Subd. Not all cases of negligence are clearcut. Sometimes, multiple parties share the fault for an accident or injury. Modified comparative negligence. The comparative negligence rule only applies when a judge or jury has to calculate the amount of damages to award the plaintiff in a lawsuit. In tort actions for death or injury to person or property, no defendant shall be liable for an amount greater than its percentage of the negligence. Minnesota does not follow the comment n approach on limitation of defenses, however, and contributory negligence is a defense to a product liability action.
