Title XXXVI — STATUTORY ACTIONS AND TORTS

537.756. Maximum amount payable from fund — how calculated. — 1. The maximum amount which may be paid from the fund, as defined in section 537.700, for the payment and settlement of claims arising out of any single occurrence, is two million dollars. 2. The limitation on awards f…

537.760. Products liability claim defined. — As used in sections 537.760 to 537.765, the term "products liability claim" means a claim or portion of a claim in which the plaintiff seeks relief in the form of damages on a theory that the defendant is strictly liable for such damag…

537.762. Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure — order of dismissal to be interlocutory. — 1. A defendant whose liability is based solely on his status as a seller in the stream of commerce may be dismissed fr…

537.764. State of the art, defined — affirmative defense in cases of strict liability for failure to warn — burden of proof on party asserting defense — action for negligence, when. — 1. As used in this section, "state of the art" means that the dangerous nature of the product wa…

537.765. Contributory fault as complete bar to plaintiff's recovery abolished — doctrine of comparative fault to apply — fault of plaintiff an affirmative defense to diminish damages — fault defined. — 1. Contributory fault, as a complete bar to plaintiff's recovery in a products…

537.785. Citation of law — definitions. — 1. Sections 537.785 and 537.787 may be referred to and cited as the "Business Premises Safety Act". 2. As used in sections 537.785 and 537.787, the following terms mean: (1) "Business", any commercial or agricultural enterprise including,…

537.787. Criminal or harmful acts, no duty of business to guard against, when — duty, affirmative defenses. — 1. There is no duty upon a business to guard against criminal acts or harmful acts on the premises unless the business knows or has reason to know that such acts are bein…

537.850. Citation of law — definitions. — 1. Sections 537.850 to 537.859 shall be known and may be cited as the "Agritourism Promotion Act". 2. As used in sections 537.850 to 537.859, the following terms shall mean: (1) "Agritourism activity", any activity which allows members of…

537.856. Signage required — contract warning notice and language, contents — written description of activity required, when. — 1. At every registered agritourism location, the registered agritourism operator shall post and maintain signage which contains the warning notice specif…

537.859. Immunity from liability, when — affirmative defense. — 1. Except as provided in subsection 2 of this section, a registered agritourism operator is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities so long as th…

538.205. Definitions. — As used in sections 538.205 to 538.230*, the following terms shall mean: (1) "Catastrophic personal injury", a physical injury resulting in: (a) Quadriplegia defined as the permanent loss of functional use of all four limbs; (b) Paraplegia defined as the p…

538.210. No common law cause of action — limitation on noneconomic damages — jury not to be informed of limit — limit — punitive damages, requirements — annual increase on damages limit, amount — nonseverability clause. — 1. A statutory cause of action for damages against a healt…

538.215. Damage itemization by trier of fact — excess noneconomic damages to be reduced by court. — 1. In any action against a health care provider for damages for personal injury or death arising out of the rendering of or the failure to render health care services, any damages …

538.220. Damages, how paid — security required for future damage payments, when, duration — attorney's fees — death of judgment creditor, effect. — 1. In any action against a health care provider for damages for personal injury or death arising out of the rendering of or the fail…

[Repealed or reserved.]

538.228. Immunity from civil liability for certain health care professionals and entities, when. — Any physician licensed under chapter 334 who provides medical treatment to a patient at a city or county health department organized under chapter 192 or chapter 205, a city health …

538.229. Certain statements, writings, and benevolent gestures inadmissible, when — definitions. — 1. The portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person and made t…

538.232. Venue for certain actions against health care providers, where. — In any action against a health care provider for damages for personal injury or death arising out of the rendering of or the failure to render health care services, for purposes of determining venue under …

538.235. Laws applicable to what actions. — The provisions of sections 538.205 to 538.230 shall apply only to causes of actions arising on or after February 3, 1986. ­­-------- (L. 1986 S.B. 663 § 11)

538.300. Certain laws not applicable to sections 538.205 to 538.230. — The provisions of section 260.552, sections 537.068 and 537.117, and 537.760 to 537.765, and subsections 2 and 3 of section 408.040 shall not apply to actions under sections 538.205 to 538.230. ­­-------- (L. …

538.305. Applicability to causes of action, when. — The provisions of this act*, except for section 512.099, shall apply to all causes of action filed after August 28, 2005. ­­-------- (L. 2005 H.B. 393 § 2) *"This act" (H.B. 393, 2005) contained numerous sections. Consult Dispos…