Title XXXVI — STATUTORY ACTIONS AND TORTS

537.600. Sovereign immunity in effect — exceptions. — 1. Such sovereign or governmental tort immunity as existed at common law in this state prior to September 12, 1977, except to the extent waived, abrogated or modified by statutes in effect prior to that date, shall remain in f…

537.602. Supervision of community service work, immunity from liability, when — definitions — community service work not deemed employment and worker not an employee. — 1. As used in this section the following terms shall mean: (1) "Community service work", any work which is perf…

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. — 1. The commissioner of administration, throu…

537.615. Liability of state increase to apply, when. — The provisions of this act* increasing the liability of the state and its public entities shall only be applied to those causes of action that accrue on or after January 1, 2000. ­­-------- (L. 1999 S.B. 295 & 46 § 1) *"This …

537.620. Political subdivisions may jointly create entity to provide insurance — entity created not deemed an insurance company or insurer. — Notwithstanding any direct or implied prohibitions in chapter 375, 377, or 379, any three or more political subdivisions of this state may…

537.625. Procedure to form insurance entity. — 1. Any group of subdivisions desiring to provide liability and all other insurance for its members shall pay a license fee of one hundred dollars and file articles of association with the director of the department of commerce and in…

537.630. Director to approve articles and issue license. — The director of the department of commerce and insurance shall, within thirty days after the articles of association are filed with him, determine if the proposed association meets the requirements of sections 537.600 to …

537.635. Entity to be treated as corporation — not to produce profit — may pay dividends, when. — The association may, on the seventh day thereafter, commence to do business. The association shall be a body corporate, and shall do business as a corporation. No member of the assoc…

537.640. Director to examine — renewal license fee — amendments to articles. — 1. The director of the department of commerce and insurance shall be authorized in accordance with section 374.205 to examine into the affairs of any association organized under the provisions of secti…

537.645. Director may take charge of entity, when. — If at any time any association fails or refuses to pay any claim finally adjudged to be due pursuant to the provisions of its articles of association and bylaws, or if the director of the department of commerce and insurance de…

537.650. Premium tax not required. — No association organized pursuant to the provisions of sections 537.620 to 537.650 shall be required to pay any premium tax in connection with the conduct of its business. ­­-------- (L. 1978 H.B. 1650 § 9)

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. — 1. As used in sections 537.675 through 537.693, the following terms mean: (1) "Annu…

537.678. Percentage of fund to be used to assist uncompensated tort victims — filing of claims, procedure. — 1. Seventy-four percent of all payments received by the tort victims' compensation fund regardless of source or designation shall, upon appropriation, be appropriated to t…

537.681. Eligibility requirements — waiver of certain requirements, when — incarcerated victim, procedure. — 1. The following persons shall be eligible for compensation pursuant to sections 537.675 to 537.693: (1) An uncompensated tort victim; and (2) In the case of the death of …

537.684. Filing of a claim, determining compensation, procedure — payment of claims. — 1. A claim for compensation may be filed by a person eligible for compensation or, if the person is an incapacitated or disabled person, or a minor, by the person's spouse, parent, conservator …

537.687. Medical records submitted, when — violation, penalty. — 1. Upon request by the division for verification of injuries of victims, a medical provider shall submit medical records and other information requested by the division. Any costs to the claimant for obtaining and p…

537.690. Petition for review of a decision by the division filed with commission — judicial review permitted, when. — 1. Any of the parties to a decision of the division on a claim heard under the provisions of sections 537.675 to 537.693 may, within thirty days following the dat…

537.693. Right of subrogation, payment of a claim — division lien on any compensation received by claimant — rulemaking authority. — 1. Payment of any compensation pursuant to sections 537.675 to 537.693 shall vest in the state of Missouri a right of subrogation to the extent of …

537.700. Public entity risk management fund established — definitions — who may participate. — 1. There is hereby created the "Missouri Public Entity Risk Management Fund", which shall be a body corporate and politic. The board of trustees of this fund shall have the powers and d…

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. — 1. All public entities in Missouri shall have the option of participating in the fu…

537.710. Board of trustees established — members, appointment, qualifications, terms, liability limited. — 1. There is hereby established a "Board of Trustees" of the Missouri public entity risk management fund which shall consist of the attorney general, the commissioner of admi…

537.715. Board of trustees — officers. — 1. The board shall elect one of their members as chairman. He shall preside over meetings of the board and perform such other duties as shall be required by action of the board. 2. The chairman shall appoint another board member as vice ch…

537.720. Board, meetings — quorum — expenses. — 1. The board shall meet in Jefferson City, Missouri, upon the written call of the chairman or by the agreement of any three members of the board. Notice of the meeting shall be delivered to all other trustees in person or by deposit…

537.725. Board — records — reports — principal office — seal. — 1. The board shall keep a complete record of all its proceedings. 2. A statement covering the operations of the fund for the year, including income and disbursements, and of the financial condition of the fund at the…

537.730. Board — duties — rulemaking authority — subpoena power — prohibited activities. — 1. The general administration of, and responsibility for, the proper operation of the fund, including all decisions relating to payments from the fund, are hereby vested in the board of tru…

537.735. Fund account, how maintained. — 1. The board shall set up and maintain a Missouri public entity risk management fund account in which shall be placed all contributions, premiums, and income from all sources. All property, money, funds, investments, and rights which shall…

537.740. Insufficient contributions, assessment, abatement, deferral — retroactive application. — 1. If contributions to the fund do not produce sufficient funds to pay any claims which may be due, the board shall assess and each member, including any member who has withdrawn but…

537.745. Construction of provisions. — 1. Nothing in sections 537.700 to 537.755, shall be construed to broaden or restrict the liability of the public entities participating in the fund beyond the provisions of sections 537.600 to 537.610, nor to abolish or waive any defense at …

537.750. Exhaustion of fund, claims to be prorated. — 1. If the fund will be exhausted by the payment of all judgments and claims allowed during a particular fiscal year, amounts paid to each claimant or person obtaining a judgment shall be prorated, with each person receiving an…

537.755. Fund money not available for certain purposes, exception. — 1. Except as provided in subsection 3 of this section, moneys in the Missouri public entity risk management fund shall not be available to pay the following: (1) Claims made under chapter 287; (2) Fines or penal…

537.756. Maximum amount payable from fund — how calculated. — 1. The maximum amount which may be paid from the fund, as defined in section 537.700, for the payment and settlement of claims arising out of any single occurrence, is two million dollars. 2. The limitation on awards f…

537.760. Products liability claim defined. — As used in sections 537.760 to 537.765, the term "products liability claim" means a claim or portion of a claim in which the plaintiff seeks relief in the form of damages on a theory that the defendant is strictly liable for such damag…

537.762. Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure — order of dismissal to be interlocutory. — 1. A defendant whose liability is based solely on his status as a seller in the stream of commerce may be dismissed fr…

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. — 1. As used in this section, "state of the art" means that the dangerous nature of the product wa…

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. — 1. Contributory fault, as a complete bar to plaintiff's recovery in a products…

537.785. Citation of law — definitions. — 1. Sections 537.785 and 537.787 may be referred to and cited as the "Business Premises Safety Act". 2. As used in sections 537.785 and 537.787, the following terms mean: (1) "Business", any commercial or agricultural enterprise including,…

537.787. Criminal or harmful acts, no duty of business to guard against, when — duty, affirmative defenses. — 1. There is no duty upon a business to guard against criminal acts or harmful acts on the premises unless the business knows or has reason to know that such acts are bein…

537.850. Citation of law — definitions. — 1. Sections 537.850 to 537.859 shall be known and may be cited as the "Agritourism Promotion Act". 2. As used in sections 537.850 to 537.859, the following terms shall mean: (1) "Agritourism activity", any activity which allows members of…

537.856. Signage required — contract warning notice and language, contents — written description of activity required, when. — 1. At every registered agritourism location, the registered agritourism operator shall post and maintain signage which contains the warning notice specif…

537.859. Immunity from liability, when — affirmative defense. — 1. Except as provided in subsection 2 of this section, a registered agritourism operator is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities so long as th…