Missouri Revised Statutes

Chapter 537
Torts and Actions for Damages

(View Entire Chapter)

August 28, 2007
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Sections:
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.
537.035. 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).
537.040. (Repealed L. 2007 S.B. 613 Revision § A)
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).
537.060. 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.
537.125. Shoplifting--detention of suspect by merchant--liability presumption.
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 defined--not to be deemed a nuisance, when--immunity
from criminal liability for noise of normal use--requirement.
537.295. Agricultural operation not to be deemed a nuisance, when--exceptions
--costs.
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.
537.345. Definitions for sections 537.345 to 537.347.
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.
537.353. Liability for damage or destruction of field crop products,
when--court costs awarded, when.
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.
537.595. Citation--definitions--immunity from liability for claims relating
to weight gain or obesity, when, exceptions--petition,
contents--effective date.
537.600. Sovereign immunity in effect--exceptions.
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 of insurance 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 of insurance to examine--renewal license fee--amendments to
articles.
537.645. Director of insurance may take charge of entity, when.
537.650. Premium tax not required.
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 fund
established.
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.
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.
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.

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