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2021 Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 537 - Torts and Actions for Damages
- Section 537.010 - Action for damages to property to survive regardless of death of either party. (8/28/1977)
- Section 537.020 - Action for personal injury or death to survive regardless of death of either party. (1/2/1979)
- Section 537.021 - Action for damages — personal representative to maintain or defend — exception — action against liability insurer, procedure. (5/23/1996)
- Section 537.030 - Section 537.010 not to extend to what action. (8/28/1949)
- Section 537.033 - Design professionals — peer review process, requirements. (8/28/2020)
- Section 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)
- Section 537.037 - Emergency care, no civil liability, exceptions (Good Samaritan law). (8/28/2008)
- Section 537.045 - Parent or guardian liable for damages by minor, when, limitation — minor's liability — work accepted in lieu of payment. (8/28/1990)
- Section 537.046 - Childhood sexual abuse, injury or illness defined — action for damages may be brought, when. (8/28/2004)
- Section 537.047 - Civil action for damages authorized, sexual and pornographic offenses involving a minor — statute of limitations. (8/28/2007)
- Section 537.050 - Civil action not merged in criminal prosecution. (8/28/1939)
- Section 537.053 - Sale of alcoholic beverage may be proximate cause of personal injuries or death — requirements — (dram shop law). (8/28/2002)
- Section 537.055 - Operation of a motorcycle not evidence of comparative negligence. (8/28/2009)
- Section 537.058 - Personal injury, bodily injury, or wrongful death, time-limited demand to settle, requirements. (8/28/2017)
- Section 537.060 - Contribution between tort-feasors — release of one or more, effect. (8/28/1983)
- Section 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)
- Section 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)
- Section 537.068 - Court may enter remittitur order or increase jury award, when. (7/1/1987)
- Section 537.069 - Provisions of certain laws applicable to all causes of action. (7/1/1987)
- Section 537.080 - Action for wrongful death — who may sue — limitation. (8/28/1991)
- Section 537.085 - Defenses to wrongful death action. (8/28/1979)
- Section 537.090 - Damages to be determined by jury — factors to be considered. (8/28/2005)
- Section 537.095 - Joinder of parties not required, when, effect on recovery — plaintiff ad litem, recovery, distribution. (8/28/1979)
- Section 537.100 - Limitation of action — effect of absence of defendant and nonsuit. (8/28/2018)
- Section 537.105 - Radio station not liable for defamation, when. (8/28/1951)
- Section 537.110 - What words are actionable. (8/28/1939)
- Section 537.115 - Food donation or distribution, limited liability, when. (8/28/2020)
- Section 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)
- Section 537.118 - Volunteers, limited personal liability, certain organizations and government entities, exceptions. (8/28/1989)
- Section 537.120 - Physician not liable for restraint of mentally incapacitated persons. (8/28/1983)
- Section 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)
- Section 537.125 - Shoplifting — detention of suspect by merchant — liability presumption. (8/28/1985)
- Section 537.127 - Stealing, civil liability — parent or guardian civilly liable for minor's stealing — conversion of shopping carts, penalty. (1/1/2017)
- Section 537.130 - Liability for damages caused by riotous assemblage. (8/28/1939)
- Section 537.165 - Political subdivisions to defend tort actions against firemen involving use of motor vehicles — extent of liability. (8/28/1957)
- Section 537.170 - Waiver of rights to damages by blind employee. (8/28/1939)
- Section 537.180 - Negligence of fellow servant no defense in action by employee against railroad or mine. (8/28/1949)
- Section 537.190 - Fellow servant defined. (8/28/1949)
- Section 537.200 - Vice-principals defined. (8/28/1949)
- Section 537.210 - Contracts limiting liability invalid. (8/28/1949)
- Section 537.220 - Construction and application of sections 537.180 to 537.210. (8/28/1939)
- Section 537.230 - Action against mining operator for wrongful death of employee — amount — limitation. (8/28/1949)
- Section 537.240 - Railroads and railroad corporation or companies — terms construed. (8/28/1939)
- Section 537.250 - Liability of common carrier for loss or damage to property transported — who may be joined as defendants. (8/28/1939)
- Section 537.260 - Railroad liable for killing stock — irrespective of negligence unless road is fenced. (8/28/1939)
- Section 537.270 - Insufficient fence on railroad — stock killed — damages. (8/28/1939)
- Section 537.280 - Injury to stock by railroad — agreed damages — payment, when. (8/28/1939)
- Section 537.290 - Failure to pay agreed damages — double damages. (8/28/1939)
- Section 537.294 - Firearm ranges — definitions — not to be deemed a nuisance, when — immunity from civil and criminal liability, when. (8/28/2008)
- Section 537.295 - Agricultural operation not to be deemed a nuisance, when — exceptions — costs. (8/28/1990)
- Section 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)
- Section 537.297 - Transfer of anhydrous ammonia, tamperer assumes risk — owners immune from liability and suit, when. (8/28/2001)
- Section 537.300 - Penalty for driving away of others' stock by drovers. (1/2/1979)
- Section 537.310 - Proceedings under section 537.300. (8/28/1939)
- Section 537.320 - Judgment — execution. (1/2/1979)
- Section 537.325 - Definitions — liability for equine activities, limitations, exceptions — signs required, contents. (8/28/2015)
- Section 537.327 - Paddlesport activities — definitions — immunity from liability, when — exemptions — posting of signs required, content. (8/28/2005)
- Section 537.328 - Private campgrounds, immunity from liability for inherent risks of camping — liability, when — signage. (8/28/2021)
- Section 537.330 - Malicious trespass — to personalty — double damages — issuance of attachment, when. (8/28/1939)
- Section 537.340 - Trespass on realty — treble damages recoverable, when — rules for trimming, removing, and controlling trees. (8/28/2019)
- Section 537.345 - Definitions for sections 537.345 to 537.347 and 537.351. (8/28/2012)
- Section 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)
- Section 537.347 - Landowner directly or indirectly invites or permits persons on land for recreation or wildlife management, effect. (8/28/2021)
- Section 537.348 - Landowner liable, when — definitions. (8/28/2021)
- Section 537.349 - Liability of landowner to trespasser, immunity where trespasser under influence of drugs or alcohol — limitations. (8/28/2018)
- Section 537.350 - Double damages for throwing down gates and fences — exception. (8/28/1939)
- Section 537.351 - Trespassers, no duty of care by owners, exception — liability for physical injury or death, when. (8/28/2012)
- Section 537.353 - Liability for damage or destruction of field crop products, when — court costs awarded, when. (8/28/2007)
- Section 537.354 - Prescribed burning act — definitions — immunity from liability, when — inapplicability, when. (8/28/2021)
- Section 537.355 - Private property, permission by owner to hunt, fish, or recreate, limitation on privilege. (8/28/2008)
- Section 537.360 - Single damages only recoverable, when. (8/28/1939)
- Section 537.370 - Penalties, how recovered. (8/28/1939)
- Section 537.380 - Fires from railroad engines — damages. (8/28/1939)
- Section 537.400 - Double damages for willful fires. (8/28/1939)
- Section 537.410 - Damages for backwater caused by boom across stream — attorney's fee. (8/28/1939)
- Section 537.420 - Tenant for life or years liable for treble damages for waste. (8/28/1939)
- Section 537.430 - Who may sue. (8/28/1939)
- Section 537.440 - Heirs may sue for waste, when. (8/28/1939)
- Section 537.450 - Tenant holding land after having aliened it liable for waste. (8/28/1939)
- Section 537.460 - Tenants liable to cotenants, when. (8/28/1939)
- Section 537.470 - Conservators, liable for waste, when. (8/28/1983)
- Section 537.480 - What damages recovered for waste. (8/28/1939)
- Section 537.490 - Treble damages if waste was wantonly committed. (8/28/1939)
- Section 537.500 - Where waste committed pending suit, receiver may take possession. (8/28/1939)
- Section 537.510 - Actions for waste, brought against whom. (8/28/1939)
- Section 537.520 - Interest as part of damages. (8/28/1939)
- Section 537.523 - Institutional vandalism, civil actions for damages or injunction — attorney fees and costs. (8/28/1988)
- Section 537.524 - Injunction and damages for interference with lawful hunting and trapping. (8/28/1988)
- Section 537.525 - Tampering with computer data, computer equipment, or computer users — damages — attorney fees, certain expenses, awarded when. (8/28/1987)
- Section 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)
- Section 537.550 - Limitation on liability for injury or death at fairs or festivals — signs to be posted, content. (8/28/2004)
- Section 537.555 - No civil liability for forcible entry into a vehicle for purpose of removing an unsupervised minor, when. (7/1/2016)
State legal expense fund not to broaden state's liability, 105.711 to 105.726
- Section 537.600 - Sovereign immunity in effect — exceptions. (8/28/2005)
- Section 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)
- Section 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)
- Section 537.615 - Liability of state increase to apply, when. (8/28/1999)
- Section 537.620 - Political subdivisions may jointly create entity to provide insurance — entity created not deemed an insurance company or insurer. (8/28/2021)
- Section 537.625 - Procedure to form insurance entity. (6/2/1988)
- Section 537.630 - Director to approve articles and issue license. (8/28/1978)
- Section 537.635 - Entity to be treated as corporation — not to produce profit — may pay dividends, when. (8/28/1999)
- Section 537.640 - Director to examine — renewal license fee — amendments to articles. (8/28/2006)
- Section 537.645 - Director may take charge of entity, when. (8/28/1978)
- Section 537.650 - Premium tax not required. (8/28/1978)
- Section 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)
- Section 537.678 - Percentage of fund to be used to assist uncompensated tort victims — filing of claims, procedure. (8/28/2001)
- Section 537.681 - Eligibility requirements — waiver of certain requirements, when — incarcerated victim, procedure. (8/28/2001)
- Section 537.684 - Filing of a claim, determining compensation, procedure — payment of claims. (8/28/2010)
- Section 537.687 - Medical records submitted, when — violation, penalty. (8/28/2001)
- Section 537.690 - Petition for review of a decision by the division filed with commission — judicial review permitted, when. (8/28/2001)
- Section 537.693 - Right of subrogation, payment of a claim — division lien on any compensation received by claimant — rulemaking authority. (8/28/2001)
- Section 537.700 - Public entity risk management fund established — definitions — who may participate. (6/20/1986)
- Section 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)
- Section 537.710 - Board of trustees established — members, appointment, qualifications, terms, liability limited. (6/20/1986)
- Section 537.715 - Board of trustees — officers. (6/20/1986)
- Section 537.720 - Board, meetings — quorum — expenses. (6/20/1986)
- Section 537.725 - Board — records — reports — principal office — seal. (6/20/1986)
- Section 537.730 - Board — duties — rulemaking authority — subpoena power — prohibited activities. (8/28/1993)
- Section 537.735 - Fund account, how maintained. (6/20/1986)
- Section 537.740 - Insufficient contributions, assessment, abatement, deferral — retroactive application. (8/28/1999)
- Section 537.745 - Construction of provisions. (6/20/1986)
- Section 537.750 - Exhaustion of fund, claims to be prorated. (6/20/1986)
- Section 537.755 - Fund money not available for certain purposes, exception. (6/2/1988)
- Section 537.756 - Maximum amount payable from fund — how calculated. (8/28/1999)
- Section 537.760 - Products liability claim defined. (7/1/1987)
- Section 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)
- Section 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)
- Section 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)
- Section 537.785 - Citation of law — definitions. (8/28/2018)
- Section 537.787 - Criminal or harmful acts, no duty of business to guard against, when — duty, affirmative defenses. (8/28/2018)
- Section 537.850 - Citation of law — definitions. (8/28/2012)
- Section 537.856 - Signage required — contract warning notice and language, contents — written description of activity required, when. (8/28/2012)
- Section 537.859 - Immunity from liability, when — affirmative defense. (8/28/2012)
- Section 537.1000 - Definitions. (8/28/2021)
- Section 537.1005 - COVID-19 exposure, immunity from liability, when — assumption of risk, signage — no third-party liability, exceptions. (8/28/2021)
- Section 537.1010 - Health care providers, immunity from liability, exceptions. (8/28/2021)
- Section 537.1015 - Covered products, no COVID-19 products liability, when — evidence required for liability — inapplicability, when. (8/28/2021)
- Section 537.1020 - Punitive damages, when. (8/28/2021)
- Section 537.1035 - Expiration date — cause of action for COVID-19 exposure, health care services, or covered products created — statute of limitations. (8/28/2021)
CHAPTER 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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