Minnesota § 18D.115 APPORTIONMENT OF LIABILITY AND CONTRIBUTION

Minnesota Statutes

§ 18D.115 — APPORTIONMENT OF LIABILITY AND CONTRIBUTION

Minnesota § 18D.115

PartAGRICULTURE

Ch. 18DAGRICULTURAL CHEMICAL LIABILITY

This text of Minnesota § 18D.115 (APPORTIONMENT OF LIABILITY AND CONTRIBUTION) is published on Counsel Stack Legal Research, covering Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minn. Stat. § 18D.115 (2026).

Text

Subdivision 1.Right of apportionment.

(a)A responsible party held liable under this chapter has the right to have the trier of fact apportion liability among the responsible parties as provided in this section. The burden is on each responsible party to show how that responsible party's liability should be apportioned. The trier of fact shall reduce the amount of damages in proportion to the amount of liability apportioned to the party recovering.

(b)In apportioning the liability of a party under this section, the trier of fact shall consider the following:

(1)the extent to which that responsible party contributed to the incident;

(2)the amount of agricultural chemical involved;

(3)the degree of toxicity of the agricultural chemical involved;

(4)the degree of involvement of and care

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Subdivision 1.Right of apportionment.
(a) A responsible party held liable under this chapter has the right to have the trier of fact apportion liability among the responsible parties as provided in this section. The burden is on each responsible party to show how that responsible party's liability should be apportioned. The trier of fact shall reduce the amount of damages in proportion to the amount of liability apportioned to the party recovering.
(b) In apportioning the liability of a party under this section, the trier of fact shall consider the following:
(1) the extent to which that responsible party contributed to the incident;
(2) the amount of agricultural chemical involved;
(3) the degree of toxicity of the agricultural chemical involved;
(4) the degree of involvement of and care exercised by the responsible party in manufacturing, formulating, handling, storing, distributing, transporting, applying, and disposing of the agricultural chemical;
(5) the degree of cooperation by the responsible party with federal, state, or local officials to prevent any harm to the public health or the environment; and
(6) knowledge by the responsible party of the hazardous nature of the agricultural chemical.

Subd. 2.Contribution.
If a responsible party is held liable under this chapter and establishes a proportionate share of the aggregate liability, the provisions of section604.02, subdivisions 1 and 2, shall apply with respect to contribution and reallocation of any uncollectible amounts, except that an administrative law judge may also perform the functions of a court identified in section604.02, subdivision 2.