Title XXXVI — STATUTORY ACTIONS AND TORTS

537.010. Action for damages to property to survive regardless of death of either party. — Actions for wrongs done to property or interests therein may be brought against the wrongdoer by the person whose property or interest therein is injured. If the person whose property or int…

537.020. Action for personal injury or death to survive regardless of death of either party. — 1. Causes of action for personal injuries, other than those resulting in death, whether such injuries be to the health or to the person of the injured party, shall not abate by reason o…

537.021. Action for damages — personal representative to maintain or defend — exception — action against liability insurer, procedure. — 1. The existence of a cause of action for an injury to property, for a personal injury not resulting in death, or for wrongful death, which act…

537.030. Section 537.010 not to extend to what action. — Sections 537.010 and 537.020 shall not extend to actions for slander, libel, assault and battery or false imprisonment. ­­-------- (RSMo 1939 § 99, A. 1949 H.B. 2135) Prior revisions: 1929 § 99; 1919 § 98; 1909 § 106

537.033. Design professionals — peer review process, requirements. — 1. As used in this section, unless the context clearly indicates otherwise, the following words and terms shall have the meanings indicated: (1) "Design professional", an architect, landscape architect, professi…

537.035. Peer review committees — composition, purpose — immunity from civil liability, who, when — disclosure of records prohibited, exceptions — testimony before, discovery and admissibility, limitations. — 1. As used in this section, unless the context clearly indicates otherw…

537.037. Emergency care, no civil liability, exceptions (Good Samaritan law). — 1. Any physician or surgeon, registered professional nurse or licensed practical nurse licensed to practice in this state under the provisions of chapter 334 or 335, or licensed to practice under the …

537.038. Emergency care or assistance at scene of emergency or accident — immunity from liability. — Any person may, without compensation, render emergency care or assistance at the scene of an emergency or accident and shall not be liable for any civil damages for acts or omissi…

537.045. Parent or guardian liable for damages by minor, when, limitation — minor's liability — work accepted in lieu of payment. — 1. The parent or guardian, excluding foster parents, of any unemancipated minor, under eighteen years of age, in their care and custody, against who…

537.046. Childhood sexual abuse, injury or illness defined — action for damages may be brought, when — nondisclosure agreements unenforceable, when. — 1. As used in this section, the following terms mean: (1) "Childhood sexual abuse", any act committed by the defendant against th…

537.047. Civil action for damages authorized, sexual and pornographic offenses involving a minor — statute of limitations. — 1. Any person who, while a child or minor as defined by section 573.010, was a victim of a violation of sections 573.023, 573.025, 573.035, or 573.037, and…

537.050. Civil action not merged in criminal prosecution. — In no case shall the right of action of any party injured by the commission of any felony or misdemeanor be deemed or adjudged to be merged in such felony or misdemeanor; but he may recover the amount of damages sustaine…

537.053. Sale of alcoholic beverage may be proximate cause of personal injuries or death — requirements — (dram shop law). — 1. Since the repeal of the Missouri Dram Shop Act in 1934 (Laws of 1933-34, extra session, page 77), it has been and continues to be the policy of this sta…

537.055. Operation of a motorcycle not evidence of comparative negligence. — In any action to recover damages arising out of the ownership, common maintenance, or operation of a motor vehicle, the fact that one of the parties was operating a motorcycle shall not, in and of itself…

537.058. Personal injury, bodily injury, or wrongful death, time-limited demand to settle, requirements. — 1. As used in this section, the following terms shall mean: (1) "Extracontractual damages", any amount of damage that exceeds the total available limit of liability insuranc…

537.060. Contribution between tort-feasors — release of one or more, effect. — Defendants in a judgment founded on an action for the redress of a private wrong shall be subject to contribution, and all other consequences of such judgment, in the same manner and to the same extent…

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. — 1. Any person having an unliquidated claim for damages against a tort-feasor,…

537.067. Joint and several liability of defendants in tort actions, allocation of responsibility for judgment — defendants several liability for punitive damages. — 1. In all tort actions for damages, if a defendant is found to bear fifty-one percent or more of fault, then such d…

537.068. Court may enter remittitur order or increase jury award, when. — A court may enter a remittitur order if, after reviewing the evidence in support of the jury's verdict, the court finds that the jury's verdict is excessive because the amount of the verdict exceeds fair an…

537.069. Provisions of certain laws applicable to all causes of action. — The provisions of sections 260.552, 408.040, 490.715, 509.050, 510.263, 537.067, 537.068, 537.117, 537.675, and 537.760 to 537.765 and 538.300 shall apply to all causes of actions accruing after July 1, 198…

537.080. Action for wrongful death — who may sue — limitation. — 1. Whenever the death of a person results from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof, the pe…

537.085. Defenses to wrongful death action. — On the trial of such action to recover damages for causing death, the defendant may plead and prove as a defense any defense which the defendant would have had against the deceased in an action based upon the same act, conduct, occurr…

537.090. Damages to be determined by jury — factors to be considered. — In every action brought under section 537.080, the trier of the facts may give to the party or parties entitled thereto such damages as the trier of the facts may deem fair and just for the death and loss thu…

537.095. Joinder of parties not required, when, effect on recovery — plaintiff ad litem, recovery, distribution. — 1. Except as provided in subsection 2 of this section, if two or more persons are entitled to sue for and recover damages as herein allowed, then any one or more of …

537.100. Limitation of action — effect of absence of defendant and nonsuit. — 1. Every action instituted under section 537.080 shall be commenced within three years after the cause of action shall accrue; provided, that if any defendant, whether a resident or nonresident of the s…

537.1000. Definitions. — As used in sections 537.1000 to 537.1035, the following terms mean: (1) "Businesses, services, activities, or accommodations", any act by an individual or entity, irrespective of whether the act is carried on for profit; (2) "Covered product", a pandemic …

537.1005. COVID-19 exposure, immunity from liability, when — assumption of risk, signage — no third-party liability, exceptions. — 1. Notwithstanding any other provision of law to the contrary, and except as otherwise provided in this section, no individual or entity engaged in b…

537.1010. Health care providers, immunity from liability, exceptions. — 1. Notwithstanding any other provision of law to the contrary, and except as provided in subsection 2 of this section, no health care provider shall be liable in a COVID-19 medical liability action unless the…

537.1015. Covered products, no COVID-19 products liability, when — evidence required for liability — inapplicability, when. — 1. Notwithstanding any other provision of law to the contrary, and except as otherwise provided in this section, no individual or entity who designs, manu…

537.1020. Punitive damages, when. — In any COVID-19 related action, punitive damages: (1) May be awarded in accordance with sections 510.261 to 510.265 and subsection 8 of section 538.210; and (2) Shall not exceed an amount in excess of nine times the amount of compensatory damag…

537.1035. Expiration date — cause of action for COVID-19 exposure, health care services, or covered products created — statute of limitations. — 1. The provisions of sections 537.1000 to 537.1035 shall expire four years after August 28, 2021. 2. Except as otherwise explicitly pro…

537.105. Radio station not liable for defamation, when. — The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, or the agents or employees of such owner, licensee or operator of such a station or network of stations, shall not be …

537.110. What words are actionable. — It is actionable to publish falsely and maliciously, in any manner whatsoever, that any person has been guilty of fornication or adultery. ­­-------- (RSMo 1939 § 3651) Prior revisions: 1929 § 3261; 1919 § 4216; 1909 § 5424 CROSS REFERENCE: P…

537.115. Food donation or distribution, limited liability, when. — 1. As used in this section, the following terms mean: (1) "Canned food", any food commercially processed and prepared for human consumption; (2) "Perishable food", any food which may spoil or otherwise become unfi…

537.117. Officers or members of governing bodies of certain corporations, charities, organizations or clubs immune from personal liability for official acts, exceptions. — Any officer or member of the governing body of an entity which operates under the standards of section 501(c…

537.118. Volunteers, limited personal liability, certain organizations and government entities, exceptions. — 1. As used in this section, the following terms mean: (1) "Nonprofit organization", an entity which operates under the standards of section 501(c) of the Internal Revenue…

537.120. Physician not liable for restraint of mentally incapacitated persons. — No regular practicing or licensed physician or surgeon or the owner or operator of any private sanatorium or hospital shall be liable in damages for restraint of any mentally incapacitated person by …

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. — In addition to all other penalties provided by law, any person who makes, utters, draws, or deliv…

537.125. Shoplifting — detention of suspect by merchant — liability presumption. — 1. As used in this section: (1) "Mercantile establishment" means any mercantile place of business in, at or from which goods, wares and merchandise are sold, offered for sale or delivered from and …

537.127. Stealing, civil liability — parent or guardian civilly liable for minor's stealing — conversion of shopping carts, penalty. — 1. As used in this section, the following terms mean: (1) "Actual damages", the full retail value of any merchandise which is taken or which has …

537.130. Liability for damages caused by riotous assemblage. — Any person or persons forming a part of an unlawful or riotous assemblage shall be liable for any damage to person or property caused by the acts of such assemblage, or of any person or persons unlawfully connected th…

537.165. Political subdivisions to defend tort actions against firemen involving use of motor vehicles — extent of liability. — Every county, city, town, village, fire district or other political subdivision of the state having a full time salaried fire department shall defend, i…

537.170. Waiver of rights to damages by blind employee. — It shall hereafter be lawful for any blind person over the age of eighteen years to agree to and with his or her employer to waive his or her right to damages or compensation for any personal injury arising out of or in th…

537.180. Negligence of fellow servant no defense in action by employee against railroad or mine. — Every railroad corporation owning or operating a railroad in this state and every person, company or corporation operating a mine or mines in this state producing lead, zinc, coal o…

537.190. Fellow servant defined. — All persons who are engaged in the common service of such railroad corporation, or of any person, company or corporation operating a mine or mines, and who while so engaged, are working together at the same time and place, to a common purpose of…

537.200. Vice-principals defined. — All persons engaged in the service of any railroad corporation doing business in this state or of any person, company or corporation operating a mine or mines in this state, who are entrusted by such railroad corporation, person, company or cor…

537.210. Contracts limiting liability invalid. — No contracts made between any railroad corporation, or between any person, company or corporation operating a mine or mines and their agents or servants, based upon the contingency of the injury or death to any such agent or servan…

537.220. Construction and application of sections 537.180 to 537.210. — Nothing in sections 537.180 to 537.210 shall be so construed as applying to or including the operation, construction or repairing of concentrating mills, flumes or tramways wholly above ground. ­­-------- (RS…

537.230. Action against mining operator for wrongful death of employee — amount — limitation. — Whenever any cause of action shall accrue to any agent or servant of any person, company or corporation operating a mine or mines in this state under sections 537.180 to 537.210, and d…

[Repealed or reserved.]