DUTY TO THIRD PARTIES: FOCUS ON FORESEEABILITY -

Foreseeability is the foundation of duty in many states, and Minnesota is no different. With a series of cases starting in 2017, the Minnesota Supreme Court has made a point to reaffirm this long-standing principal. Minnesota common law principles are clear: Defendants may owe a duty of care to third parties based on the foreseeability of the third party’s harm. This is true regardless of whether the tortfeasor had a direct relationship with the injured plaintiff. Over the last few years, Robins Kaplan has helped secure victories on behalf of clients and amicus parties in cases concluding that defendants may owe a duty to third parties based on a foreseeability analysis.