Title XXXVI — STATUTORY ACTIONS AND TORTS

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-…

537.550. Limitation on liability for injury or death at fairs or festivals — signs to be posted, content. — 1. No county, city or village with ten thousand or fewer inhabitants that organizes, sponsors, or conducts any fair, festival, or similar gathering shall be liable, except …

537.555. No civil liability for forcible entry into a vehicle for purpose of removing an unsupervised minor, when. — 1. A person shall* not be held civilly liable for damages resulting from the forcible entry into a vehicle for the purpose of removing an unsupervised minor if suc…

537.595. Citation — definitions — immunity from liability for claims relating to weight gain or obesity, when, exceptions — petition, contents — effective date. — 1. This section may be known as the "Commonsense Consumption Act". 2. As used in this section, the following terms me…

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…