Title XXXVI, STATUTORY ACTIONS AND TORTS

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 …

537.1250. Citation of law — definitions — civil action by attorney general — considerations — safe harbor provision — attorney's fees and costs, punitive damages — contingent expiration — applicability. — 1. (1) This section shall be known and may be cited as the "Act Against Abu…

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…

537.240. Railroads and railroad corporation or companies — terms construed. — Whenever the words "railroad companies" or "railroad corporation" shall be found in sections 537.040 to 537.110, 537.130 to 537.260, it shall be taken and construed to include all companies, corporation…

537.250. Liability of common carrier for loss or damage to property transported — who may be joined as defendants. — Whenever any property is received by a common carrier to be transferred from one place to another, within or without the state, or when a railroad or other transpo…

537.260. Railroad liable for killing stock — irrespective of negligence unless road is fenced. — When any animal or animals shall be killed or injured by the cars, locomotive or other carriages used on any railroad in this state, the owner of such animal or animals may recover th…

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…