Minnesota Statutes Annotated
Judicial Procedure, District Court (Ch. 530-552)
Chapter 540. Parties to Actions
M.S.A. § 540.18
540.18. Damage by minor; responsibility of parent, guardian, and minor
Currentness:
Subdivision 1. Liability rule. The parent or guardian of a minor who is under the age of 18 and who is living with the parent or guardian and who willfully or maliciously causes injury to any person or damage to any property is jointly and severally liable with such minor for such injury or damage to an amount not exceeding $1,000, if such minor would have been liable for such injury or damage if the minor had been an adult. Nothing in this subdivision shall be construed to relieve such minor from personal liability for such injury or damage. The liability provided in this subdivision is in addition to and not in lieu of any other liability which may exist at law. Recovery under this section shall be limited to special damages.
Subd. 2. Not applicable to certain persons. This section shall not apply to persons having custody or charge of any minor under the authority of the Human Services or Corrections Department of the state.
Credits
Laws 1967, Ex.Sess., c. 41, §§ 1 to 3, eff. June 3, 1967. Amended by Laws 1969, c. 803, § 1; Laws 1980, c. 580, § 22, eff. Aug. 1, 1980; Laws 1984, c. 654, art. 5, § 58; Laws 1986, c. 444; Laws 1993, c. 326, art. 6, § 5; Laws 2005, c. 10, art. 4, § 28.
Current with laws of the 2011 Regular Session through Chapter 19
Minnesota Statutes Annotated
Judicial Proof (Ch. 595-605)
Chapter 604. Civil Liability
Other Actions
M.S.A. § 604.14
Formerly cited as MN ST § 332.51
604.14. Civil liability for theft
Currentness:
Subdivision 1. Liability for theft of property. A person who steals personal property from another is civilly liable to the owner of the property for its value when stolen plus punitive damages of either $50 or up to 100 percent of its value when stolen, whichever is greater. If the property is merchandise stolen from a retail store, its value is the retail price of the merchandise in the store when the theft occurred.
Subd. 2. Notice. In order to recover under subdivision 1 for the theft of a shopping cart, a store must have posted at the time of the theft a conspicuous notice describing the liability under subdivision 1.
Subd. 3. Liability of parent or guardian. Section 540.18 applies to this section, except that recovery is not limited to special damages.
Subd. 4. Criminal action. The filing of a criminal complaint, conviction, or guilty plea is not a prerequisite to liability under this section. Payment or nonpayment may not be used as evidence in a criminal action.
Subd. 5. Recovery of property. The recovery of stolen property by a person does not affect liability under this section, other than liability for the value of the property.
Subd. 6. Right to demand payment. A person may make a written demand for payment for the liability imposed by this section before beginning an action, including a copy of this section and a description of the liability contained in this section.
Notes of Decisions (5)
Current with laws of the 2011 Regular Session through Chapter 19
Minnesota Statutes Annotated
Judicial Proof (Ch. 595-605)
Chapter 604. Civil Liability
Other Actions
M.S.A. § 604.15
Formerly cited as MN ST § 332.505
604.15. Civil liability for receiving motor fuel without paying
Currentness:
Subdivision 1. Definitions. For purposes of this section:
(1) “motor fuel” means a liquid, regardless of its properties, used to propel a vehicle;
(2) “retailer” means a person that sells motor fuel at retail; and
(3) “vehicle” means a motor vehicle or watercraft that is self-propelled and that uses motor fuel for propulsion.
Subd. 2. Acts constituting. (a) The owner of a vehicle that receives motor fuel that was not paid for is liable to the retailer for the price of the motor fuel received and a service charge of $30. This charge may be imposed immediately upon the mailing of the notice under subdivision 3, if notice of the service charge was conspicuously displayed on the premises from which the motor fuel was received. The notice must include a statement that additional civil penalties will be imposed if payment is not received within 30 days. Only one service charge may be imposed under this paragraph for each incident. If a law enforcement agency obtains payment for the motor fuel on behalf of the retailer, the service charge may be retained by the law enforcement agency for its expenses.
(b) If the price of the motor fuel received is not paid within 30 days after the retailer has mailed notice under subdivision 3, the owner is liable to the retailer for the price of the motor fuel received, the service charge as provided in paragraph (a), plus a civil penalty not to exceed $100 or the price of the motor fuel, whichever is greater. In determining the amount of the penalty, the court shall consider the amount of the fuel taken and the reason for the nonpayment. The retailer shall also be entitled to:
(1) interest at the legal rate for judgments under section 549.09 from the date of nonpayment; and
(2) reasonable attorney fees, but not to exceed $500.
The civil penalty may not be imposed until 30 days after the mailing of the notice under subdivision 3.
Subd. 3. Notice of nonpayment. Notice of nonpayment that includes a citation to this section and a description of the penalties contained in it shall be sent by the retailer to the owner by regular mail, supported by an affidavit of service by mailing, to the address indicated by records on the vehicle under section 86B.401 or 168.346. The notice must include a signed statement by the employee who reported the act describing what the employee observed and the license number of the motor vehicle, if known. Failure of the owner to receive a notice is not a defense to liability under this section.
An affidavit of service by mailing must be retained by the retailer.
Subd. 4. Notice of dispute. If, within the 30-day period referred to in subdivision 2, paragraph (b), the owner sends written notice to the retailer disputing the retailer’s claim that the owner received motor fuel from the retailer without paying for it, the retailer may collect the price of the motor fuel and the civil penalties imposed by this section only pursuant to a judgment rendered by a court of competent jurisdiction.
Upon receipt of the notice, the retailer shall cease all collection efforts.
Subd. 5. Not a bar to criminal liability. Civil liability under this section does not preclude criminal liability under applicable law.
Credits
Amended by Laws 2005, c. 136, art. 17, § 6; Laws 2005, c. 136, art. 17, § 7, eff. June 3, 2005.
Current with laws of the 2011 Regular Session through Chapter 19