Section 537.1000 – Definitions.
Effective – 28 Aug 2021 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 or epidemic product, drug, biological product, device, or […]
Section 537.1005 – COVID-19 exposure, immunity from liability, when — assumption of risk, signage — no third-party liability, exceptions.
Effective – 28 Aug 2021 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 businesses, services, activities, or accommodations shall be liable […]
Section 537.1010 – Health care providers, immunity from liability, exceptions.
Effective – 28 Aug 2021 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 plaintiff can prove: (1) Recklessness or […]
Section 537.1015 – Covered products, no COVID-19 products liability, when — evidence required for liability — inapplicability, when.
Effective – 28 Aug 2021 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, manufactures, imports, distributes, labels, packages, leases, sells, or donates […]
Section 537.1020 – Punitive damages, when.
Effective – 28 Aug 2021 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 damages awarded. ——– (L. 2021 […]
Section 537.1035 – Expiration date — cause of action for COVID-19 exposure, health care services, or covered products created — statute of limitations.
Effective – 28 Aug 2021 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 provided for in the provisions of sections […]
Section 537.760 – Products liability claim defined.
Effective – 01 Jul 1987 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 damages because: […]
Section 537.762 – Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure — order of dismissal to be interlocutory.
Effective – 28 Aug 2019, 2 histories 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 from […]
Section 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.
Effective – 01 Jul 1987 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 […]
Section 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.
Effective – 01 Jul 1987 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 liability claim, is abolished. The doctrine […]