Wrongful Death After a Fatal Trampoline Accident in Minnesota
When a trampoline accident ends a life, the family is left grieving and, often, facing a legal process they never expected to learn. Minnesota's wrongful death statute sets that process out in specific terms.
Under section 573.02, when death is caused by the wrongful act or omission of any person or corporation, "the trustee appointed as provided in subdivision 3 may maintain an action therefor if the decedent might have maintained an action, had the decedent lived." The family members do not bring the case in their own names; the trustee does, for the benefit of the surviving spouse and next of kin.
On timing, the statute provides that, outside its separate rules for murder and for professional negligence of health care providers, an action "may be commenced within three years after the date of death provided that the action must be commenced within six years after the act or omission." If the injured person had already started a case and died before it ended, the trustee may continue it.
Where a municipality may be involved, section 466.05 allows the notice to be presented "by the personal representative, surviving spouse, or next of kin, or the consular officer of the foreign country of which the deceased was a citizen, within one year after the alleged injury or loss resulting in such death." If the person had already given sufficient notice while living, no additional notice is needed.
For a family considering what comes next, questions often include who might serve as trustee, whether a public facility was involved, and whether a case had already begun. An attorney can help the family work through those questions. Background on how often these injuries occur appears on our page of trampoline injury statistics.