Mo. Rev. Stat. ch. 537 – Torts and Actions for Damages | Midpage

Collections
Revised Statutes of Missouri

Chapter 537

Mo. Rev. Stat. ch. 537

Torts and Actions for Damages

537.010Action for damages to property to survive regardless of death of either party 537.020Action for personal injury or death to survive regardless of death of either party 537.021Action for damages — personal representative to maintain or defend — exception — action against liability insurer, procedure 537.030Section 537.010 not to extend to what action 537.033Design professionals — peer review process, requirements 537.035Peer review committees — composition, purpose — immunity from civil liability, who, when — disclosure of records prohibited, exceptions — testimony before, discovery and admissibility, limitations 537.037Emergency care, no civil liability, exceptions (Good Samaritan law)537.038Emergency care or assistance at scene of emergency or accident — immunity from liability 537.045Parent or guardian liable for damages by minor, when, limitation — minor's liability — work accepted in lieu of payment 537.046Childhood sexual abuse, injury or illness defined — action for damages may be brought, when — nondisclosure agreements unenforceable, when 537.047Civil action for damages authorized, sexual and pornographic offenses involving a minor — statute of limitations 537.050Civil action not merged in criminal prosecution 537.053Sale of alcoholic beverage may be proximate cause of personal injuries or death — requirements — (dram shop law)537.055Operation of a motorcycle not evidence of comparative negligence 537.058Personal injury, bodily injury, or wrongful death, time-limited demand to settle, requirements 537.060Contribution between tort-feasors — release of one or more, effect 537.065Claimant and tort-feasor may contract to limit recovery to specified assets or insurance contract, when — procedure — applicability to covenant not to execute, requirements — insurer defined 537.067Joint and several liability of defendants in tort actions, allocation of responsibility for judgment — defendants several liability for punitive damages 537.068Court may enter remittitur order or increase jury award, when 537.069Provisions of certain laws applicable to all causes of action 537.080Action for wrongful death — who may sue — limitation 537.085Defenses to wrongful death action 537.090Damages to be determined by jury — factors to be considered 537.095Joinder of parties not required, when, effect on recovery — plaintiff ad litem, recovery, distribution 537.100Limitation of action — effect of absence of defendant and nonsuit 537.1000Definitions 537.1005COVID-19 exposure, immunity from liability, when — assumption of risk, signage — no third-party liability, exceptions 537.1010Health care providers, immunity from liability, exceptions 537.1015Covered products, no COVID-19 products liability, when — evidence required for liability — inapplicability, when 537.1020Punitive damages, when 537.1035Expiration date — cause of action for COVID-19 exposure, health care services, or covered products created — statute of limitations 537.105Radio station not liable for defamation, when 537.110What words are actionable 537.115Food donation or distribution, limited liability, when 537.117Officers or members of governing bodies of certain corporations, charities, organizations or clubs immune from personal liability for official acts, exceptions 537.118Volunteers, limited personal liability, certain organizations and government entities, exceptions 537.120Physician not liable for restraint of mentally incapacitated persons 537.123Civil action for damages for passing bad checks, only original holder may bring action — limitations — notice requirements — payroll checks, action to be against employer 537.125Shoplifting — detention of suspect by merchant — liability presumption 537.127Stealing, civil liability — parent or guardian civilly liable for minor's stealing — conversion of shopping carts, penalty 537.130Liability for damages caused by riotous assemblage 537.165Political subdivisions to defend tort actions against firemen involving use of motor vehicles — extent of liability 537.170Waiver of rights to damages by blind employee 537.180Negligence of fellow servant no defense in action by employee against railroad or mine 537.190Fellow servant defined 537.200Vice-principals defined 537.210Contracts limiting liability invalid 537.220Construction and application of sections 537.180 to 537.210 537.230Action against mining operator for wrongful death of employee — amount — limitation 537.240Railroads and railroad corporation or companies — terms construed 537.250Liability of common carrier for loss or damage to property transported — who may be joined as defendants 537.260Railroad liable for killing stock — irrespective of negligence unless road is fenced 537.270Insufficient fence on railroad — stock killed — damages 537.280Injury to stock by railroad — agreed damages — payment, when 537.290Failure to pay agreed damages — double damages 537.294Firearm ranges — definitions — not to be deemed a nuisance, when — immunity from civil and criminal liability, when 537.295Agricultural operation not to be deemed a nuisance, when — exceptions — costs 537.296Private nuisance — definitions — exclusive compensatory damages for agricultural nuisances, subsequent actions, effect of — standing — action in excess of one million dollars, court or jury shall visit property — copy of final judgment to be filed 537.297Transfer of anhydrous ammonia, tamperer assumes risk — owners immune from liability and suit, when 537.300Penalty for driving away of others' stock by drovers 537.310Proceedings under section 537.300 537.320Judgment — execution 537.325Definitions — liability for equine activities, limitations, exceptions — signs required, contents 537.327Paddlesport activities — definitions — immunity from liability, when — exemptions — posting of signs required, content 537.328Private campgrounds, immunity from liability for inherent risks of camping — liability, when — signage 537.330Malicious trespass — to personalty — double damages — issuance of attachment, when 537.340Trespass on realty — treble damages recoverable, when — rules for trimming, removing, and controlling trees 537.345Definitions for sections 537.345 to 537.347 and 537.351 537.346Landowner owes no duty of care to persons entering without fee to keep land safe for recreational use — immunity from liability for injuries of trespasser on land adjacent to park or trail 537.347Landowner directly or indirectly invites or permits persons on land for recreation or wildlife management, effect 537.348Landowner liable, when — definitions 537.349Liability of landowner to trespasser, immunity where trespasser under influence of drugs or alcohol — limitations 537.350Double damages for throwing down gates and fences — exception 537.351Trespassers, no duty of care by owners, exception — liability for physical injury or death, when 537.353Liability for damage or destruction of field crop products, when — court costs awarded, when 537.354Prescribed burning act — definitions — immunity from liability, when — inapplicability, when 537.355Private property, permission by owner to hunt, fish, or recreate, limitation on privilege 537.360Single damages only recoverable, when 537.370Penalties, how recovered 537.380Fires from railroad engines — damages 537.400Double damages for willful fires 537.410Damages for backwater caused by boom across stream — attorney's fee 537.420Tenant for life or years liable for treble damages for waste 537.430Who may sue 537.440Heirs may sue for waste, when 537.450Tenant holding land after having aliened it liable for waste 537.460Tenants liable to cotenants, when 537.470Conservators, liable for waste, when 537.480What damages recovered for waste 537.490Treble damages if waste was wantonly committed 537.500Where waste committed pending suit, receiver may take possession 537.510Actions for waste, brought against whom 537.520Interest as part of damages 537.523Institutional vandalism, civil actions for damages or injunction — attorney fees and costs 537.524Injunction and damages for interference with lawful hunting and trapping 537.525Tampering with computer data, computer equipment, or computer users — damages — attorney fees, certain expenses, awarded when 537.528Actions for damages for conduct or speech at public hearings and meetings to be considered on expedited basis — procedural issues 537.550Limitation on liability for injury or death at fairs or festivals — signs to be posted, content 537.555No civil liability for forcible entry into a vehicle for purpose of removing an unsupervised minor, when 537.595Citation — definitions — immunity from liability for claims relating to weight gain or obesity, when, exceptions — petition, contents — effective date 537.600Sovereign immunity in effect — exceptions 537.602Supervision of community service work, immunity from liability, when — definitions — community service work not deemed employment and worker not an employee 537.610Liability insurance for tort claims may be purchased by whom — limitation on waiver of immunity — maximum amount payable for claims out of single occurrence — exception — apportionment of settlements — inflation — penalties 537.615Liability of state increase to apply, when 537.620Political subdivisions may jointly create entity to provide insurance — entity created not deemed an insurance company or insurer 537.625Procedure to form insurance entity 537.630Director to approve articles and issue license 537.635Entity to be treated as corporation — not to produce profit — may pay dividends, when 537.640Director to examine — renewal license fee — amendments to articles 537.645Director may take charge of entity, when 537.650Premium tax not required 537.675Tort victims' compensation fund established — definitions — notification of punitive damage award to attorney general, lien for deposit into fund — legal services for low-income people 537.678Percentage of fund to be used to assist uncompensated tort victims — filing of claims, procedure 537.681Eligibility requirements — waiver of certain requirements, when — incarcerated victim, procedure 537.684Filing of a claim, determining compensation, procedure — payment of claims 537.687Medical records submitted, when — violation, penalty 537.690Petition for review of a decision by the division filed with commission — judicial review permitted, when 537.693Right of subrogation, payment of a claim — division lien on any compensation received by claimant — rulemaking authority 537.700Public entity risk management fund established — definitions — who may participate 537.705Effect of participation in fund — use of funds, limits — board of trustees, duties — staff — board to be notified of claims, when — board may contract with independent insurance agents 537.710Board of trustees established — members, appointment, qualifications, terms, liability limited 537.715Board of trustees — officers 537.720Board, meetings — quorum — expenses 537.725Board — records — reports — principal office — seal 537.730Board — duties — rulemaking authority — subpoena power — prohibited activities 537.735Fund account, how maintained 537.740Insufficient contributions, assessment, abatement, deferral — retroactive application 537.745Construction of provisions 537.750Exhaustion of fund, claims to be prorated 537.755Fund money not available for certain purposes, exception 537.756Maximum amount payable from fund — how calculated 537.760Products liability claim defined 537.762Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure — order of dismissal to be interlocutory 537.764State of the art, defined — affirmative defense in cases of strict liability for failure to warn — burden of proof on party asserting defense — action for negligence, when 537.765Contributory fault as complete bar to plaintiff's recovery abolished — doctrine of comparative fault to apply — fault of plaintiff an affirmative defense to diminish damages — fault defined 537.785Citation of law — definitions 537.787Criminal or harmful acts, no duty of business to guard against, when — duty, affirmative defenses 537.850Citation of law — definitions 537.856Signage required — contract warning notice and language, contents — written description of activity required, when 537.859Immunity from liability, when — affirmative defense