Title XXXVI, STATUTORY ACTIONS AND TORTS

537.270. Insufficient fence on railroad — stock killed — damages. — Whenever any livestock shall go in upon any railroad or its right-of-way, in this state, and the said railroad is not at such place or places enclosed by a good fence, on both sides of said railroad, such as is b…

537.280. Injury to stock by railroad — agreed damages — payment, when. — Whenever any livestock shall be injured or killed by any railroad, so as to render the railroad liable under section 537.270, or otherwise, and the owner of said livestock so injured or killed, or his author…

537.290. Failure to pay agreed damages — double damages. — If any railroad neglect, fail or refuse to pay the owner or his authorized agent the damage or damages agreed upon, as provided in section 537.280, then the railroad shall be liable to the owner in double the amount of da…

537.294. Firearm ranges — definitions — not to be deemed a nuisance, when — immunity from civil and criminal liability, when. — 1. As used in this section, the following terms shall mean: (1) "Firearm range", any rifle, pistol, silhouette, skeet, trap, black powder or other simil…

537.295. Agricultural operation not to be deemed a nuisance, when — exceptions — costs. — 1. No agricultural operation or any of its appurtenances shall be deemed to be a nuisance, private or public, by any changed conditions in the locality thereof after the facility has been in…

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. — 1. As used in this s…

537.297. Transfer of anhydrous ammonia, tamperer assumes risk — owners immune from liability and suit, when. — 1. The following words as used in this section shall have the following meanings: (1) "Owner", all of the following persons: (a) Any person who lawfully owns anhydrous a…

537.300. Penalty for driving away of others' stock by drovers. — Whenever any drover, or other person or persons engaged in driving horses, mules, cattle, hogs or sheep through any part of the state of Missouri, shall drive off or shall knowingly and willingly suffer or permit to…

537.310. Proceedings under section 537.300. — In any action commenced under section 537.300, a summons may issue against the defendants upon the plaintiff stating, on oath, that he believes some one or more of his cattle or other stock has been driven off by a drover, and that he…

537.320. Judgment — execution. — Whenever judgment shall be rendered against any person or persons, under the provisions of sections 537.300 to 537.320, by any associate circuit judge or circuit judge, an execution shall issue thereon against the goods and chattels of any such de…

537.325. Definitions — liability for equine activities, limitations, exceptions — signs required, contents. — 1. As used in this section, unless the context otherwise requires, the following words and phrases shall mean: (1) "Engages in an equine activity", riding, training, assi…

537.327. Paddlesport activities — definitions — immunity from liability, when — exemptions — posting of signs required, content. — 1. As used in this section, unless the context provides otherwise, the following terms shall mean: (1) "Canoe", a watercraft which has an open top an…

537.328. Private campgrounds, immunity from liability for inherent risks of camping — liability, when — signage. — 1. As used in this section, the following terms mean: (1) "Camping", all aspects of visiting, staying at, using, and leaving a private campground, including lodging …

537.330. Malicious trespass — to personalty — double damages — issuance of attachment, when. — If any person shall maliciously or wantonly damage or destroy any personal property, goods, chattels, furniture or livestock, the person so offending shall pay to the party injured doub…

537.340. Trespass on realty — treble damages recoverable, when — rules for trimming, removing, and controlling trees. — 1. If any person shall cut down, injure or destroy or carry away any tree placed or growing for use, shade or ornament, or any timber, rails or wood standing, b…

537.345. Definitions for sections 537.345 to 537.347 and 537.351. — As used in sections 537.345 to 537.347, and section 537.351, the following terms mean: (1) "Charge", the admission price or fee asked by an owner of land or an invitation or permission without price or fee to use…

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. — 1. Except as provided in sections 537.345 to 537.348, and section 537.351, an o…

537.347. Landowner directly or indirectly invites or permits persons on land for recreation or wildlife management, effect. — Except as provided in sections 537.345 to 537.348, an owner of land who directly or indirectly invites or permits any person to enter his or her land for …

537.348. Landowner liable, when — definitions. — Nothing in this act shall be construed to create liability, but it does not limit liability that otherwise would be incurred by those who use the land of others, or by owners of land for: (1) Malicious or grossly negligent failure …

537.349. Liability of landowner to trespasser, immunity where trespasser under influence of drugs or alcohol — limitations. — A person or legal entity owning or controlling an interest in real property, or an agent of such person or entity, shall not incur any liability for the d…

537.350. Double damages for throwing down gates and fences — exception. — If any person shall voluntarily throw down or open any doors, bars, gates or fences, and leave the same open or down, other than those that lead into his own enclosure, or shall voluntarily throw down, open…

537.351. Trespassers, no duty of care by owners, exception — liability for physical injury or death, when. — 1. Except as provided in subsection 2 of this section, a possessor of real property, including an owner, lessee, or other occupant, or an agent of such owner, lessee, or o…

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 …

537.354. Prescribed burning act — definitions — immunity from liability, when — inapplicability, when. — 1. This section shall be known and may be cited as the "Prescribed Burning Act". 2. As used in this section, the following terms mean: (1) "Agent of an owner of land", any per…

537.355. Private property, permission by owner to hunt, fish, or recreate, limitation on privilege. — An owner of land who either directly or indirectly invites or permits without charge any person to use such property for hunting or fishing purposes or other recreational purpose…

537.360. Single damages only recoverable, when. — On the trial of any action or prosecution brought upon sections 537.340, 537.350 and 537.370 if it shall appear that the defendant had probable cause to believe that the land on which the trespass is alleged to have been committed…

537.370. Penalties, how recovered. — The penalties mentioned in sections 537.340 and 537.350 may be recovered by civil action founded on said sections, or by indictment, or information, at the option of the party injured, in any court having jurisdiction of the same; and when the…

537.380. Fires from railroad engines — damages. — Each railroad corporation owning or operating a railroad in this state shall be responsible in damages to every person and corporation whose property may be injured or destroyed by fire communicated directly or indirectly by locom…

537.400. Double damages for willful fires. — If any person shall willfully set on fire any woods, marshes or prairies whether his own or not, so as thereby to occasion any damage to any other person, such person shall make satisfaction in double damages to the party injured, to b…

537.410. Damages for backwater caused by boom across stream — attorney's fee. — Every corporation, person or association of persons who shall construct a boom across or in any of the streams or waters of this state shall be liable for all damages arising from backwater or overflo…

537.420. Tenant for life or years liable for treble damages for waste. — If any tenant, for life or years, shall commit waste during his estate or term, of anything belonging to the tenement so held, without special license in writing so to do, he shall be subject to a civil acti…

537.430. Who may sue. — The action may be maintained by one who has the remainder or reversion in fee simple, after an intervening estate for life or years, and also by one who has a remainder or reversion for life or years only; and each of them shall recover such damages as it …

537.440. Heirs may sue for waste, when. — An heir may bring and maintain an action for waste done in the time of his ancestor, as well as in his own time. ­­-------- (RSMo 1939 § 3005) Prior revisions: 1929 § 2618; 1919 § 6912; 1909 § 7915

537.450. Tenant holding land after having aliened it liable for waste. — If a tenant of land commit any waste thereon after he has aliened it while he remains in possession, he shall be liable to the party injured for damages. ­­-------- (RSMo 1939 § 3006) Prior revisions: 1929 §…

537.460. Tenants liable to cotenants, when. — If a tenant in common, joint tenant or parcener commit waste, he shall be liable to his cotenants, jointly or severally, for damages. ­­-------- (RSMo 1939 § 3007) Prior revisions: 1929 § 2620; 1919 § 6914; 1909 § 7917

537.470. Conservators, liable for waste, when. — If a conservator commit waste of the estate of his protectee, he shall be liable to the protectee for damages, at the expiration of his conservatorship. ­­-------- (RSMo 1939 § 3008, A.L. 1983 S.B. 44 & 45) Prior revisions: 1929 § …

537.480. What damages recovered for waste. — Any person who is entitled to such civil action shall recover such damages as it shall appear that he has suffered by the waste complained of. ­­-------- (RSMo 1939 § 3009) Prior revisions: 1929 § 2622; 1919 § 6916; 1909 § 7919

537.490. Treble damages if waste was wantonly committed. — If in any action for waste, the jury find that the waste was wantonly committed, judgment shall be entered for three times the amount of the damages assessed. ­­-------- (RSMo 1939 § 3010) Prior revisions: 1929 § 2623; 19…

537.500. Where waste committed pending suit, receiver may take possession. — If the tenant in possession of any land shall, pending a suit to recover or charge said land, commit any waste thereon, the court in which the suit may be pending may order a receiver to take possession …

537.510. Actions for waste, brought against whom. — An action for waste may be brought against the representatives of a tenant, or, if instituted in the lifetime of the tenant, it may be revived against his representatives after his death. ­­-------- (RSMo 1939 § 3011) Prior revi…

537.520. Interest as part of damages. — The jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, give damages, in the nature of interest, over and above the value of the goods at the time of the conversion or seizure. ­­-------- (RSMo 19…

537.523. Institutional vandalism, civil actions for damages or injunction — attorney fees and costs. — 1. Irrespective of any criminal prosecution or the result thereof, any person incurring bodily injury or damage or loss to his property as a result of conduct in violation of se…

537.524. Injunction and damages for interference with lawful hunting and trapping. — 1. A court may enjoin conduct which would be in violation of section 578.151 or 578.152 upon petition by a person affected or who reasonably may be affected by such conduct, upon a showing that s…

537.525. Tampering with computer data, computer equipment, or computer users — damages — attorney fees, certain expenses, awarded when. — 1. In addition to any other civil remedy available, the owner or lessee of the computer system, computer network, computer program, computer s…

537.528. Actions for damages for conduct or speech at public hearings and meetings to be considered on expedited basis — procedural issues. — 1. Any action against a person for conduct or speech undertaken or made in connection with a public hearing or public meeting, in a quasi-…

537.529. Uniform public expression protection act — definitions — applicability and inapplicability — special motion to dismiss, procedure — dismissal, when — appeal — costs — construction. — 1. This section shall be known and may be cited as the "Uniform Public Expression Protec…