Missouri Revised Statutes

Chapter 537
Torts and Actions for Damages

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Rsmo Number Section Description
Chapter Cross Reference
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
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
IN EJECTMENT PROCEEDINGS
Actions for damages maintained, when, 524.290
Damages, how ascertained, 524.110
Improvements, defendant may recover for, how, 524.160, 524.170
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
NOTICE TO CITY OF ACTION FOR DAMAGES ARISING FROM DEFECTIVE SIDEWALK OR STREET Cities over 100,000 population, 82.210 Fourth class cities, 79.480 Special charter cities, 500 to 3,000 population, 81.060 Third class cities, 77.600
Nurseries stock, damages for failure to deliver at proper time, 431.050
Prejudgment interest allowed in tort cases when, procedure, amount, 408.040
RAILROADS, ACTIONS AGAINST 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 Failure of company to provide facilities to transmit messages, 392.130, 392.140 Negligence in transmitting or delivering messages, 392.170
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
537.010. Action for damages to property to survive regardless of death of either party.
537.020. Action for personal injury or death to survive regardless of death of either party.
537.021. Action for damages--personal representative to maintain or defend--exception--action against liability insurer, procedure.
537.030. Section 537.010 not to extend to what action.
537.033. Design professionals--peer review process, requirements--expiration date.
537.035. Peer review committees--composition, purpose--immunity from civil liability, who, when--disclosure of records prohibited, exceptions--testimony before, discovery and admissibility, limitations.
537.037. Emergency care, no civil liability, exceptions (Good Samaritan law).
537.045. Parent or guardian liable for damages by minor, when, limitation--minor's liability--work accepted in lieu of payment.
537.046. Childhood sexual abuse, injury or illness defined--action for damages may be brought, when.
537.047. Civil action for damages authorized, sexual and pornographic offenses involving a minor--statute of limitations.
537.050. Civil action not merged in criminal prosecution.
537.053. Sale of alcoholic beverage may be proximate cause of personal injuries or death--requirements--(dram shop law).
537.055. Operation of a motorcycle not evidence of comparative negligence.
537.060. Contribution between tort-feasors--release of one or more, effect.
537.065. Claimant and tort-feasor may contract to limit recovery to specified assets or insurance contract--effect.
537.067. Joint and several liability of defendants in tort actions, allocation of responsibility for judgment--defendants several liability for punitive damages.
537.068. Court may enter remittitur order or increase jury award, when.
537.069. Provisions of certain laws applicable to all causes of action.
537.080. Action for wrongful death--who may sue--limitation.
537.085. Defenses to wrongful death action.
537.090. Damages to be determined by jury--factors to be considered.
537.095. Joinder of parties not required, when, effect on recovery--plaintiff ad litem, recovery, distribution.
537.100. Limitation of action--effect of absence of defendant and nonsuit.
537.105. Radio station not liable for defamation, when.
537.110. What words are actionable.
537.115. Food donation or distribution, limited liability, when.
537.117. Officers or members of governing bodies of certain corporations, charities, organizations or clubs immune from personal liability for official acts, exceptions.
537.118. Volunteers, limited personal liability, certain organizations and government entities, exceptions.
537.120. Physician not liable for restraint of mentally incapacitated persons.
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.
537.125. Shoplifting--detention of suspect by merchant--liability presumption.
537.127. Stealing, civil liability--parent or guardian civilly liable for minor's stealing--conversion of shopping carts, penalty.
537.130. Liability for damages caused by riotous assemblage.
537.165. Political subdivisions to defend tort actions against firemen involving use of motor vehicles--extent of liability.
537.170. Waiver of rights to damages by blind employee.
537.180. Negligence of fellow servant no defense in action by employee against railroad or mine.
537.190. Fellow servant defined.
537.200. Vice-principals defined.
537.210. Contracts limiting liability invalid.
537.220. Construction and application of sections 537.180 to 537.210.
537.230. Action against mining operator for wrongful death of employee--amount--limitation.
537.240. Railroads and railroad corporation or companies--terms construed.
537.250. Liability of common carrier for loss or damage to property transported--who may be joined as defendants.
537.260. Railroad liable for killing stock--irrespective of negligence unless road is fenced.
537.270. Insufficient fence on railroad--stock killed--damages.
537.280. Injury to stock by railroad--agreed damages--payment, when.
537.290. Failure to pay agreed damages--double damages.
537.294. Firearm ranges--definitions--not to be deemed a nuisance, when--immunity from civil and criminal liability, when.
537.295. Agricultural operation not to be deemed a nuisance, when--exceptions--costs.
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.
537.297. Transfer of anhydrous ammonia, tamperer assumes risk--owners immune from liability and suit, when.
537.300. Penalty for driving away of others' stock by drovers.
537.310. Proceedings under section 537.300.
537.320. Judgment--execution.
537.325. Definitions--liability for equine activities, limitations, exceptions--signs required, contents.
537.327. Paddlesport activities--definitions--immunity from liability, when--exemptions--posting of signs required, content.
537.330. Malicious trespass--to personalty--double damages--issuance of attachment, when.
537.340. Trespass on realty--treble damages recoverable, when--rules for trimming, removing, and controlling trees.
537.345. Definitions for sections 537.345 to 537.347 and 537.351.
537.346. Landowner owes no duty of care to persons entering without fee to keep land safe for recreational use.
537.347. Landowner directly or indirectly invites or permits persons on land for recreation, effect.
537.348. Landowner liable, when--definitions.
537.349. Liability of landowner to trespasser, immunity where trespasser under influence of drugs or alcohol--limitations.
537.350. Double damages for throwing down gates and fences--exception.
537.351. Trespassers, no duty of care by owners, exception--liability for physical injury or death, when.
537.353. Liability for damage or destruction of field crop products, when--court costs awarded, when.
537.355. Private property, permission by owner to hunt, fish, or recreate, limitation on privilege.
537.360. Single damages only recoverable, when.
537.370. Penalties, how recovered.
537.380. Fires from railroad engines--damages.
537.400. Double damages for willful fires.
537.410. Damages for backwater caused by boom across stream--attorney's fee.
537.420. Tenant for life or years liable for treble damages for waste.
537.430. Who may sue.
537.440. Heirs may sue for waste, when.
537.450. Tenant holding land after having aliened it liable for waste.
537.460. Tenants liable to cotenants, when.
537.470. Conservators, liable for waste, when.
537.480. What damages recovered for waste.
537.490. Treble damages if waste was wantonly committed.
537.500. Where waste committed pending suit, receiver may take possession.
537.510. Actions for waste, brought against whom.
537.520. Interest as part of damages.
537.523. Institutional vandalism, civil actions for damages or injunction--attorney fees and costs.
537.524. Injunction and damages for interference with lawful hunting and trapping.
537.525. Tampering with computer data, computer equipment, or computer users--damages--attorney fees, certain expenses, awarded when.
537.528. Actions for damages for conduct or speech at public hearings and meetings to be considered on expedited basis--procedural issues.
537.550. Limitation on liability for injury or death at fairs or festivals--signs to be posted, content.
537.555. No civil liability for forcible entry into a vehicle for purpose of removing an unsupervised minor, when.
   
COMMONSENSE CONSUMPTION ACT
537.595. Citation--definitions--immunity from liability for claims relating to weight gain or obesity, when, exceptions--petition, contents--effective date.
   
SOVEREIGN IMMUNITY
Cross Reference

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

537.600. Sovereign immunity in effect--exceptions.
537.602. Supervision of community service work, immunity from liability, when--definitions--community service work not deemed employment and worker not an employee.
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.
537.615. Liability of state increase to apply, when.
537.620. Political subdivisions may jointly create entity to provide insurance--entity created not deemed an insurance company or insurer.
537.625. Procedure to form insurance entity.
537.630. Director to approve articles and issue license.
537.635. Entity to be treated as corporation--not to produce profit--may pay dividends, when.
537.640. Director to examine--renewal license fee--amendments to articles.
537.645. Director may take charge of entity, when.
537.650. Premium tax not required.
   
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.
537.678. Percentage of fund to be used to assist uncompensated tort victims--filing of claims, procedure.
537.681. Eligibility requirements--waiver of certain requirements, when--incarcerated victim, procedure.
537.684. Filing of a claim, determining compensation, procedure--payment of claims.
537.687. Medical records submitted, when--violation, penalty.
537.690. Petition for review of a decision by the division filed with commission--judicial review permitted, when.
537.693. Right of subrogation, payment of a claim--division lien on any compensation received by claimant--rulemaking authority.
   
RISK MANAGEMENT FOR PUBLIC ENTITIES
537.700. Public entity risk management fund established--definitions--who may participate.
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.
537.710. Board of trustees established--members, appointment, qualifications, terms, liability limited.
537.715. Board of trustees--officers.
537.720. Board, meetings--quorum--expenses.
537.725. Board--records--reports--principal office--seal.
537.730. Board--duties--rulemaking authority--subpoena power--prohibited activities.
537.735. Fund account, how maintained.
537.740. Insufficient contributions, assessment, abatement, deferral--retroactive application.
537.745. Construction of provisions.
537.750. Exhaustion of fund, claims to be prorated.
537.755. Fund money not available for certain purposes, exception.
537.756. Maximum amount payable from fund--how calculated.
   
PRODUCTS LIABILITY
537.760. Products liability claim defined.
537.762. Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure--order of dismissal to be interlocutory.
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.
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.
   
AGRITOURISM PROMOTION
537.850. Citation of law--definitions.
537.856. Signage required--contract warning notice and language, contents--written description of activity required, when.
537.859. Immunity from liability, when--affirmative defense.

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