Section 537.353

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 537

Effective - 28 Aug 2007, 2 histories   

  537.353.  Liability for damage or destruction of field crop products, when — court costs awarded, when. — 1.  Any person or entity who knowingly damages or destroys any field crop product that is grown for personal or commercial purposes, or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility, a university, or any federal, state or local government agency, shall be liable for double damages pursuant to this section.

  2.  Notwithstanding the provisions of section 537.340, or the provisions of subsection 1 of this section, any person or entity who negligently commits any of the acts described in subsection 1 of this section shall be liable only for compensatory damages.

  3.  In awarding damages pursuant to subsections 1 and 2 of this section, the courts shall consider the following:

  (1)  The market value of the crop prior to damage or destruction; and

  (2)  The actual damages involving production, research, testing replacement and crop development costs directly related to the crop that has been damaged or destroyed.

  4.  In addition, the court may award court costs, including reasonable attorneys fees.

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(L. 2001 S.B. 462, A.L. 2007 H.B. 344)