Title XXXVI — STATUTORY ACTIONS AND TORTS

536.080. Parties may file briefs — officials to hear or read evidence. — 1. In contested cases each party shall be entitled to present oral arguments or written briefs at or after the hearing which shall be heard or read by each official of the agency who renders or joins in rend…

536.083. Hearing officer not to conduct rehearing or appeal involving same issues and parties. — Notwithstanding any other provision of law to the contrary, in any administrative hearing conducted under the procedures established in this chapter, and in any other administrative h…

536.085. Definitions. — As used in section 536.087, the following terms mean: (1) "Agency proceeding", an adversary proceeding in a contested case pursuant to this chapter in which the state is represented by counsel, but does not include proceedings for determining the eligibili…

536.087. Reasonable fees and expenses awarded prevailing party in civil action or agency proceeding — application, content, filed with court or agency where party appeared — appeal by state, effect — power of court or agency to reduce requested amount or deny, when — form of awar…

536.090. Decisions in writing — notice. — Every decision and order in a contested case shall be in writing, and, except in default cases or cases disposed of by stipulation, consent order or agreed settlement, the decision, including orders refusing licenses, shall include or be …

536.095. Contempt — procedure for punishment. — In any hearing in a contested case before an agency created by the constitution or state statute if any person acts or refuses to act in such manner that a contempt of court would have been committed if the case were a civil action …

536.100. Party aggrieved entitled to judicial review — waiver of independent review, when. — Any person who has exhausted all administrative remedies provided by law and who is aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in …

536.110. Petition, when filed — process — venue. — 1. Proceedings for review may be instituted by filing a petition in the circuit court of the county of proper venue within thirty days after the mailing or delivery of the notice of the agency's final decision. 2. Such petition m…

536.120. Suspension of decisions or orders. — Pending the filing and final disposition of proceedings for review under sections 536.100 to 536.140, the agency may stay the enforcement of its order and may temporarily grant or extend relief denied or withheld. Any court in which s…

536.130. Record on judicial review. — 1. Within thirty days after the filing of the petition or within such further time as the court may allow, the record before the agency shall be filed in the reviewing court. Such record shall consist of any one of the following: (1) Such par…

536.140. Scope of judicial review — judgment — appeals. — 1. The court shall hear the case without a jury and, except as otherwise provided in subsection 4 of this section, shall hear it upon the petition and record filed as aforesaid. 2. The inquiry may extend to a determination…

536.150. Review by injunction or original writ, when — scope. — 1. When any administrative officer or body existing under the constitution or by statute or by municipal charter or ordinance shall have rendered a decision which is not subject to administrative review, determining …

536.160. Refund of funds paid into court, when. — In the event a reviewing court reverses a decision of a state agency, remands the matter to the agency for further proceedings and orders the payment into court of any increase in funds authorized by said decision, and thereafter,…

536.175. Periodic review required by state agencies, schedule, procedure. — 1. Each state agency shall periodically review all of its rules according to the following review schedule: (1) Rules contained in titles 1 through 6 of the code of state regulations shall begin the revie…

536.200. Fiscal note for proposed rules or emergency rules affecting public funds, required when, where filed, contents — failure to file, procedure — publication — effect of failure to publish — first year evaluation, publication — challenges to rule for failure to meet requirem…

536.205. Fiscal notes for proposed rules or emergency rules affecting private persons or entities, required, when, where filed, contents — publication — effect of failure to publish — challenges to rule for failure to comply, time limitation. — 1. Any state agency filing a notice…

536.210. Fiscal note forms. — The secretary of state shall establish a form which each state agency shall use in compiling the fiscal note and affidavit required by sections 536.200, 536.205 and 536.215, and failure of the agency to use said forms shall result in rejection by the…

536.215. Revised fiscal notes required, when — rejection, when. — If before the effective date, such rule, amendment or rescission is altered to the extent that the cost or reduction in income is changed by more than ten percent, then a new fiscal note and affidavit shall be file…

536.300. Proposed rules, effect on small business to be determined, exceptions — impact statement to be prepared, when, contents. — 1. Prior to submitting proposed rules for adoption, amendment, revision, or repeal under this chapter, the state agency shall determine whether the …

536.320. Waiver or reduction of administrative penalties, when — inapplicability, when. — 1. Any state agency authorized to assess administrative penalties or administrative fines upon a small business may consider waiving or reducing any administrative penalty or administrative …

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…