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 538.205 – Definitions.
Effective – 28 Aug 2020, 4 histories 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 permanent loss of functional use […]
Section 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.
Effective – 28 Aug 2020, 4 histories 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 health […]
Section 538.215 – Damage itemization by trier of fact — excess noneconomic damages to be reduced by court.
Effective – 03 Feb 1986 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 found […]
Section 538.220 – Damages, how paid — security required for future damage payments, when, duration — attorney’s fees — death of judgment creditor, effect.
Effective – 28 Aug 2005 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 failure to render […]
Section 537.756 – Maximum amount payable from fund — how calculated.
Effective – 28 Aug 1999 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 for liability […]
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 […]