☰ Revisor of Missouri
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 Title XXXVI STATUTORY ACTIONS AND TORTS

 Chapter 537 Torts and Actions for Damages 
537.010   Action for damages to property to survive regardless of death of either party. (8/28/1977)
537.020   Action for personal injury or death to survive regardless of death of either party. (1/2/1979)
537.021   Action for damages — personal representative to maintain or defend — exception — action against liability insurer, procedure. (5/23/1996)
537.030   Section 537.010 not to extend to what action. (8/28/1949)
537.033   Design professionals — peer review process, requirements. (8/28/2020)
537.035   Peer review committees — composition, purpose — immunity from civil liability, who, when — disclosure of records prohibited, exceptions — testimony before, discovery and admissibility, limitations. (8/28/2005)
537.037   Emergency care, no civil liability, exceptions (Good Samaritan law). (8/28/2023)
537.045   Parent or guardian liable for damages by minor, when, limitation — minor's liability — work accepted in lieu of payment. (8/28/1990)
537.046   Childhood sexual abuse, injury or illness defined — action for damages may be brought, when. (8/28/2004)
537.047   Civil action for damages authorized, sexual and pornographic offenses involving a minor — statute of limitations. (8/28/2007)
537.050   Civil action not merged in criminal prosecution. (8/28/1939)
537.053   Sale of alcoholic beverage may be proximate cause of personal injuries or death — requirements — (dram shop law). (8/28/2002)
537.055   Operation of a motorcycle not evidence of comparative negligence. (8/28/2009)
537.058   Personal injury, bodily injury, or wrongful death, time-limited demand to settle, requirements. (8/28/2017)
537.060   Contribution between tort-feasors — release of one or more, effect. (8/28/1983)
537.065   Claimant 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. (8/28/2021)
537.067   Joint and several liability of defendants in tort actions, allocation of responsibility for judgment — defendants several liability for punitive damages. (8/28/2005)
537.068   Court may enter remittitur order or increase jury award, when. (7/1/1987)
537.069   Provisions of certain laws applicable to all causes of action. (7/1/1987)
537.080   Action for wrongful death — who may sue — limitation. (8/28/1991)
537.085   Defenses to wrongful death action. (8/28/1979)
537.090   Damages to be determined by jury — factors to be considered. (8/28/2005)
537.095   Joinder of parties not required, when, effect on recovery — plaintiff ad litem, recovery, distribution. (8/28/1979)
537.100   Limitation of action — effect of absence of defendant and nonsuit. (8/28/2018)
537.105   Radio station not liable for defamation, when. (8/28/1951)
537.110   What words are actionable. (8/28/1939)
537.115   Food donation or distribution, limited liability, when. (8/28/2020)
537.117   Officers or members of governing bodies of certain corporations, charities, organizations or clubs immune from personal liability for official acts, exceptions. (7/1/1987)
537.118   Volunteers, limited personal liability, certain organizations and government entities, exceptions. (8/28/1989)
537.120   Physician not liable for restraint of mentally incapacitated persons. (8/28/1983)
537.123   Civil action for damages for passing bad checks, only original holder may bring action — limitations — notice requirements — payroll checks, action to be against employer. (1/1/2017)
537.125   Shoplifting — detention of suspect by merchant — liability presumption. (8/28/1985)
537.127   Stealing, civil liability — parent or guardian civilly liable for minor's stealing — conversion of shopping carts, penalty. (1/1/2017)
537.130   Liability for damages caused by riotous assemblage. (8/28/1939)
537.165   Political subdivisions to defend tort actions against firemen involving use of motor vehicles — extent of liability. (8/28/1957)
537.170   Waiver of rights to damages by blind employee. (8/28/1939)
537.180   Negligence of fellow servant no defense in action by employee against railroad or mine. (8/28/1949)
537.190   Fellow servant defined. (8/28/1949)
537.200   Vice-principals defined. (8/28/1949)
537.210   Contracts limiting liability invalid. (8/28/1949)
537.220   Construction and application of sections 537.180 to 537.210. (8/28/1939)
537.230   Action against mining operator for wrongful death of employee — amount — limitation. (8/28/1949)
537.240   Railroads and railroad corporation or companies — terms construed. (8/28/1939)
537.250   Liability of common carrier for loss or damage to property transported — who may be joined as defendants. (8/28/1939)
537.260   Railroad liable for killing stock — irrespective of negligence unless road is fenced. (8/28/1939)
537.270   Insufficient fence on railroad — stock killed — damages. (8/28/1939)
537.280   Injury to stock by railroad — agreed damages — payment, when. (8/28/1939)
537.290   Failure to pay agreed damages — double damages. (8/28/1939)
537.294   Firearm ranges — definitions — not to be deemed a nuisance, when — immunity from civil and criminal liability, when. (8/28/2008)
537.295   Agricultural operation not to be deemed a nuisance, when — exceptions — costs. (8/28/1990)
537.296   Private 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. (8/28/2011)
537.297   Transfer of anhydrous ammonia, tamperer assumes risk — owners immune from liability and suit, when. (8/28/2001)
537.300   Penalty for driving away of others' stock by drovers. (1/2/1979)
537.310   Proceedings under section 537.300. (8/28/1939)
537.320   Judgment — execution. (1/2/1979)
537.325   Definitions — liability for equine activities, limitations, exceptions — signs required, contents. (8/28/2015)
537.327   Paddlesport activities — definitions — immunity from liability, when — exemptions — posting of signs required, content. (8/28/2005)
537.328   Private campgrounds, immunity from liability for inherent risks of camping — liability, when — signage. (8/28/2021)
537.330   Malicious trespass — to personalty — double damages — issuance of attachment, when. (8/28/1939)
537.340   Trespass on realty — treble damages recoverable, when — rules for trimming, removing, and controlling trees. (8/28/2019)
537.345   Definitions for sections 537.345 to 537.347 and 537.351. (8/28/2012)
537.346   Landowner 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. (8/28/2021)
537.347   Landowner directly or indirectly invites or permits persons on land for recreation or wildlife management, effect. (8/28/2021)
537.348   Landowner liable, when — definitions. (8/28/2021)
537.349   Liability of landowner to trespasser, immunity where trespasser under influence of drugs or alcohol — limitations. (8/28/2018)
537.350   Double damages for throwing down gates and fences — exception. (8/28/1939)
537.351   Trespassers, no duty of care by owners, exception — liability for physical injury or death, when. (8/28/2012)
537.353   Liability for damage or destruction of field crop products, when — court costs awarded, when. (8/28/2007)
537.354   Prescribed burning act — definitions — immunity from liability, when — inapplicability, when. (8/28/2021)
537.355   Private property, permission by owner to hunt, fish, or recreate, limitation on privilege. (8/28/2008)
537.360   Single damages only recoverable, when. (8/28/1939)
537.370   Penalties, how recovered. (8/28/1939)
537.380   Fires from railroad engines — damages. (8/28/1939)
537.400   Double damages for willful fires. (8/28/1939)
537.410   Damages for backwater caused by boom across stream — attorney's fee. (8/28/1939)
537.420   Tenant for life or years liable for treble damages for waste. (8/28/1939)
537.430   Who may sue. (8/28/1939)
537.440   Heirs may sue for waste, when. (8/28/1939)
537.450   Tenant holding land after having aliened it liable for waste. (8/28/1939)
537.460   Tenants liable to cotenants, when. (8/28/1939)
537.470   Conservators, liable for waste, when. (8/28/1983)
537.480   What damages recovered for waste. (8/28/1939)
537.490   Treble damages if waste was wantonly committed. (8/28/1939)
537.500   Where waste committed pending suit, receiver may take possession. (8/28/1939)
537.510   Actions for waste, brought against whom. (8/28/1939)
537.520   Interest as part of damages. (8/28/1939)
537.523   Institutional vandalism, civil actions for damages or injunction — attorney fees and costs. (8/28/1988)
537.524   Injunction and damages for interference with lawful hunting and trapping. (8/28/1988)
537.525   Tampering with computer data, computer equipment, or computer users — damages — attorney fees, certain expenses, awarded when. (8/28/1987)
537.528   Actions for damages for conduct or speech at public hearings and meetings to be considered on expedited basis — procedural issues. (8/28/2012)
537.550   Limitation on liability for injury or death at fairs or festivals — signs to be posted, content. (8/28/2004)
537.555   No civil liability for forcible entry into a vehicle for purpose of removing an unsupervised minor, when. (7/1/2016)
COMMONSENSE CONSUMPTION ACT
537.595   Citation — definitions — immunity from liability for claims relating to weight gain or obesity, when, exceptions — petition, contents — effective date. (1/1/2005)
SOVEREIGN IMMUNITY

State legal expense fund not to broaden state's liability, 105.711 to 105.726

537.600   Sovereign immunity in effect — exceptions. (8/28/2005)
537.602   Supervision of community service work, immunity from liability, when — definitions — community service work not deemed employment and worker not an employee. (8/28/2014)
537.610   Liability 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. (8/28/2009)
537.615   Liability of state increase to apply, when. (8/28/1999)
537.620   Political subdivisions may jointly create entity to provide insurance — entity created not deemed an insurance company or insurer. (8/28/2021)
537.625   Procedure to form insurance entity. (6/2/1988)
537.630   Director to approve articles and issue license. (8/28/1978)
537.635   Entity to be treated as corporation — not to produce profit — may pay dividends, when. (8/28/1999)
537.640   Director to examine — renewal license fee — amendments to articles. (8/28/2006)
537.645   Director may take charge of entity, when. (8/28/1978)
537.650   Premium tax not required. (8/28/1978)
TORT VICTIMS' COMPENSATION FUND
537.675   Tort victims' compensation fund established — definitions — notification of punitive damage award to attorney general, lien for deposit into fund — legal services for low-income people. (8/28/2010)
537.678   Percentage of fund to be used to assist uncompensated tort victims — filing of claims, procedure. (8/28/2001)
537.681   Eligibility requirements — waiver of certain requirements, when — incarcerated victim, procedure. (8/28/2001)
537.684   Filing of a claim, determining compensation, procedure — payment of claims. (8/28/2010)
537.687   Medical records submitted, when — violation, penalty. (8/28/2001)
537.690   Petition for review of a decision by the division filed with commission — judicial review permitted, when. (8/28/2001)
537.693   Right of subrogation, payment of a claim — division lien on any compensation received by claimant — rulemaking authority. (8/28/2001)
RISK MANAGEMENT FOR PUBLIC ENTITIES
537.700   Public entity risk management fund established — definitions — who may participate. (6/20/1986)
537.705   Effect 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. (8/28/1999)
537.710   Board of trustees established — members, appointment, qualifications, terms, liability limited. (6/20/1986)
537.715   Board of trustees — officers. (6/20/1986)
537.720   Board, meetings — quorum — expenses. (6/20/1986)
537.725   Board — records — reports — principal office — seal. (6/20/1986)
537.730   Board — duties — rulemaking authority — subpoena power — prohibited activities. (8/28/1993)
537.735   Fund account, how maintained. (6/20/1986)
537.740   Insufficient contributions, assessment, abatement, deferral — retroactive application. (8/28/1999)
537.745   Construction of provisions. (6/20/1986)
537.750   Exhaustion of fund, claims to be prorated. (6/20/1986)
537.755   Fund money not available for certain purposes, exception. (6/2/1988)
537.756   Maximum amount payable from fund — how calculated. (8/28/1999)
PRODUCTS LIABILITY
537.760   Products liability claim defined. (7/1/1987)
537.762   Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure — order of dismissal to be interlocutory. (8/28/2019)
537.764   State 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. (7/1/1987)
537.765   Contributory 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. (7/1/1987)
BUSINESS PREMISES SAFETY ACT
537.785   Citation of law — definitions. (8/28/2018)
537.787   Criminal or harmful acts, no duty of business to guard against, when — duty, affirmative defenses. (8/28/2018)
AGRITOURISM PROMOTION
537.850   Citation of law — definitions. (8/28/2012)
537.856   Signage required — contract warning notice and language, contents — written description of activity required, when. (8/28/2012)
537.859   Immunity from liability, when — affirmative defense. (8/28/2012)
COVID-19
537.1000   Definitions. (8/28/2021)
537.1005   COVID-19 exposure, immunity from liability, when — assumption of risk, signage — no third-party liability, exceptions. (8/28/2021)
537.1010   Health care providers, immunity from liability, exceptions. (8/28/2021)
537.1015   Covered products, no COVID-19 products liability, when — evidence required for liability — inapplicability, when. (8/28/2021)
537.1020   Punitive damages, when. (8/28/2021)
537.1035   Expiration date — cause of action for COVID-19 exposure, health care services, or covered products created — statute of limitations. (8/28/2021)
 - Cross References
Cities having insurance liable for torts in connection with governmental act, 71.185
Dams, damages for building or heightening without permission, 236.270
Division fences, damages, how ascertained when stock breaks through, 272.030 to 272.050
Dogs, rabid, owner liable for damages of, 322.080
Ejectment proceedings, Chap. 524
Frivolous actions, defenses and motion consequences for filing, costs, 514.205
Habeas corpus law, recovery of penalties no bar to action for damages, 532.700
Hospital lien on patient's action for damages resulting from injuries, 430.225 to 430.250
Innkeeper, liability for loss of guest's property, 419.010 to 419.030
Insurance company, damages for vexations, refusal to pay, 375.420
Katy Trail, no civil liability for adjoining landowners, when, 258.100
Liability for torts in connection with operation of aircraft, 305.030 to 305.050
Livestock running at large, damages resulting from, 270.010 to 270.050, 270.170
Medical and health care providers, malpractice sections, Chap. 538, certain sections not applicable, 538.300
Necessary parties in suit for damages against cities over 150,000 population, 507.230
Nurseries stock, damages for failure to deliver at proper time, 431.050
Prejudgment interest allowed in tort cases when, procedure, amount, 408.040
Railroads, failure to construct grade crossings, 389.610; failure to maintain sewer in certain cities, 389.690
Rearresting person after discharge on habeas corpus, damages, 532.660
Sheep-killing dogs, owner liable for damages of, 273.020
Special and exemplary damages, how pleaded, 509.200
State employees, state legal expense fund coverage, 105.711
Streams and rivers, no civil liability for adjoining landowners, when, 258.200
Telephone and telegraph companies, actions against, Chap. 392
Uniform trade secrets act, misappropriation action for damages displaces tort actions for restitution, 417.463
Unlawful act, attorney's fees allowable, 392.350
Withholding employee's wages, corporation and officer liable for damages, 430.360
Workers' compensation law, Chap. 287

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