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 […]