reglab/housing_qa huggingface dataset:
MO Rev Stat § 537.762 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|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 a products liability claim as provided in this section.  2. This section shall apply to any products liability claim in which another defendant, including the manufacturer, is properly before the court and from whom total recovery may be had for plaintiff's claim.  3. A defendant may move for dismissal under this section within the time for filing an answer or other responsive pleading unless permitted by the court at a later time for good cause shown. The motion shall be accompanied by an affidavit which shall be made under oath and shall state that the defendant is aware of no facts or circumstances upon which a verdict might be reached against him, other than his status as a seller in the stream of commerce.  4. The parties shall have sixty days in which to conduct discovery on the issues raised in the motion and affidavit. The court for good cause shown, may extend the time for discovery, and may enter a protective order pursuant to the rules of civil procedure regarding the scope of discovery on other issues.  5. Any party may move for a hearing on a motion to dismiss under this section. If the requirements of subsections 2 and 3 of this section are met, and no party comes forward at such a hearing with evidence of facts which would render the defendant seeking dismissal under this section liable on some basis other than his status as a seller in the stream of commerce, the court shall dismiss without prejudice the claim as to that defendant.  6. An order of dismissal under this section shall be interlocutory until final disposition of plaintiff's claim by settlement or judgment and may be set aside for good cause shown at anytime prior to such disposition. ­­-------- (L. 1987 H.B. 700 § 34, A.L. 2019 S.B. 7)
MO Rev Stat § 537.764 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|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 was not known and could not reasonably be discovered at the time the product was placed into the stream of commerce.  2. The state of the art shall be a complete defense and relevant evidence only in an action based upon strict liability for failure to warn of the dangerous condition of a product. This defense shall be pleaded as an affirmative defense and the party asserting it shall have the burden of proof.  3. Nothing in this section shall be construed as limiting the rights of an injured party to maintain an action for negligence whenever such a cause of action would otherwise exist.  4. This section shall not be construed to permit or prohibit evidence of feasibility in products liability claims. ­­-------- (L. 1987 H.B. 700 § 35)  Effective 7-01-87
MO Rev Stat § 537.765 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|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 of pure comparative fault shall apply to products liability claims as provided in this section.  2. Defendant may plead and prove the fault of the plaintiff as an affirmative defense. Any fault chargeable to the plaintiff shall diminish proportionately the amount awarded as compensatory damages but shall not bar recovery.  3. For purposes of this section, "fault" is limited to:  (1) The failure to use the product as reasonably anticipated by the manufacturer;  (2) Use of the product for a purpose not intended by the manufacturer;  (3) Use of the product with knowledge of a danger involved in such use with reasonable appreciation of the consequences and the voluntary and unreasonable exposure to said danger;  (4) Unreasonable failure to appreciate the danger involved in use of the product or the consequences thereof and the unreasonable exposure to said danger;  (5) The failure to undertake the precautions a reasonably careful user of the product would take to protect himself against dangers which he would reasonably appreciate under the same or similar circumstances; or  (6) The failure to mitigate damages. ­­-------- (L. 1987 H.B. 700 § 36)  Effective 7-01-87  (1993) Where skier suffered head injury while using an experts-only ski that was unreasonably dangerous for skier of plaintiff's ability, skier did not assume risk by using dangerous ski because defendant failed to warn against added danger and unpredictability caused by ski design. Hopfinger v. Kidder International, Inc., 827 F.Supp. 1444 (W.D. Mo.).
MO Rev Stat § 537.785 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.785 - Citation of law — definitions.

Effective - 28 Aug 2018   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, but not limited to, sales, services, manufacturing, food service, entertainment, property management or leasing company, or any other entity, whether for profit or not for profit, which owns, operates, or leases property that is open to the public, whether for charge or free of charge, and includes all employees and agents thereof. The term "business" shall not include commercial residential or lodging operations;  (2) "Criminal act", those offenses specified under chapters 565 to 571;  (3) "Harmful act", an intentional or reckless offensive bodily contact with another person that has resulted in injury;  (4) "Injury", any personal injury including, but not limited to, physical injury, sickness, disease, or death and all damages resulting therefrom including, but not limited to, medical expenses, wage loss, and loss of services;  (5) "Person", any individual who is lawfully on the premises, without regard to the person's status as an invitee or licensee. The term "person" shall not include employees or agents of the business;  (6) "Premises", real property in the possession of and under the control of a business;  (7) "Reasonable security measures", those precautions that a reasonable business owner in such industry would implement in a particular area of the premises to guard against criminal acts or harmful acts based on the condition of the premises and the cost of implementing such precautions. ­­-------- (L. 2018 S.B. 608)
MO Rev Stat § 537.787 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.787 - Criminal or harmful acts, no duty of business to guard against, when — duty, affirmative defenses.

Effective - 28 Aug 2018   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 being committed or are reasonably likely to be committed in a particular area of the premises and sufficient time exists to prevent such crime or injury. In the absence of such a duty, no civil action for damages shall lie against a business for injuries sustained by a person in connection with criminal acts or harmful acts committed by another person on the premises.  2. If a duty is found to exist under subsection 1 of this section, the following affirmative defenses shall apply in any civil action for damages against a business for injuries sustained by a person in connection with criminal acts or harmful acts committed by another person on the premises:  (1) The business has implemented reasonable security measures;  (2) The claimant was on the premises and was:  (a) A trespasser;  (b) Attempting to commit a felony; or  (c) Engaged in the commission of a felony;  (3) The criminal acts or harmful acts occurred while the business was closed to the public.  3. Evidence of subsequent action taken by the business to provide protection to persons on the premises shall not be admissible in evidence to show negligence or to establish the feasibility of any security measures.  4. Nothing in this section shall be construed to create or increase the liability of a business and does not affect any immunities from or defenses to liability established under state law or available under common law to which a business may be entitled. ­­-------- (L. 2018 S.B. 608)
MO Rev Stat § 537.850 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.850 - Citation of law — definitions.

Effective - 28 Aug 2012   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 the general public for recreational, entertainment, or educational purposes to view or enjoy rural activities, including but not limited to farming activities, ranching activities, or historic, cultural, or natural attractions. An activity may be an agritourism activity whether or not the participant pays to participate in the activity. An activity is not an agritourism activity if the participant is paid to participate in the activity;  (2) "Department", the state department of agriculture;  (3) "Director", the director of the department of agriculture;  (4) "Inherent risks of a registered agritourism activity", those dangers or conditions which are an integral part of such agritourism activity, including but not limited to certain hazards such as surface and subsurface conditions; natural conditions of land, vegetation, and waters; the behavior of wild or domestic animals; and ordinary dangers of structures or equipment ordinarily used in farming or ranching operations. Inherent risks of a registered agritourism activity also includes the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to follow instructions given by the registered agritourism operator or failing to exercise reasonable caution while engaging in the registered agritourism activity;  (5) "Participant", any person who engages in a registered agritourism activity;  (6) "Registered agritourism activity", any agritourism activity that is registered with the director of the department of agriculture as an AgriMissouri member under section 261.230, and any rules promulgated thereunder;  (7) "Registered agritourism location", a specific parcel of land which is registered with the director of the department of agriculture under section 261.230, and any rules promulgated thereunder, and where a registered agritourism operator engages in registered agritourism activities;  (8) "Registered agritourism operator", any person who is engaged in the business of providing one or more agritourism activities and is registered with the director of the department of agriculture as an AgriMissouri member under section 261.230, and any rules promulgated thereunder. ­­-------- (L. 2012 S.B. 631)
MO Rev Stat § 537.856 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.856 - Signage required — contract warning notice and language, contents — written description of activity required, when.

Effective - 28 Aug 2012   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 specified in subsection 3 of this section. The requirements of this section shall be deemed satisfied if such signage is placed in a clearly visible location at or near the registered agritourism location. The warning notice shall appear on the sign in black letters, with each letter to be at least one inch in height.  2. Every written contract entered into by a registered agritourism operator for the providing of a registered agritourism activity shall contain in clearly readable print the warning notice and language specified in subsection 3 of this section.  3. The required signage under this section shall contain the following warning notice: "WARNING: Under Missouri law, there is no liability for an injury or death of a participant in a registered agritourism activity conducted at this registered agritourism location if such injury or death results from the inherent risks of such agritourism activity. Inherent risks of agritourism activities include, but are not limited to, the potential of you as a participant to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this registered agritourism activity.".  4. Upon request, the registered agritourism operator shall provide to any participant a written description of the registered agritourism activity, as set forth in the registration under subdivision (6) of subsection 2 of section 537.850 for which sections 537.850 to 537.859 limit the registered agritourism operator's liability at the registered agritourism location. ­­-------- (L. 2012 S.B. 631)
MO Rev Stat § 537.859 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.859 - Immunity from liability, when — affirmative defense.

Effective - 28 Aug 2012   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 the warning contained in section 537.856 is posted as required and, except as provided in subsection 2 of this section, no participant or participant's representative shall maintain an action against or recover from a registered agritourism operator for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of agritourism activities.  2. Nothing in sections 537.850 to 537.859 shall prevent or limit the liability of a registered agritourism operator if the registered agritourism operator:  (1) Injures the participant by willful or wanton conduct;  (2) Has actual knowledge or should have known of a dangerous condition in the facilities or equipment used in the registered agritourism activity and does not make such dangerous condition known to a participant and such dangerous condition causes the participant to sustain injuries; or  (3) Fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances.  3. In any action for damages for personal injury, death, or property damage arising from the operation of a registered tourism activity in which an owner or operator is named as a defendant, it shall be an affirmative defense to that liability that:  (1) The injured person assumed the risk;  (2) The injured person deliberately disregarded conspicuously posted signs, verbal instructions, or other warnings regarding safety measures during the activity; or  (3) Any equipment, animals, or appliance used by the injured person during the activity was* used in a manner or for a purpose other than that for which a reasonable person should have known they were intended. ­­-------- (L. 2012 S.B. 631)  *Word "were" appears in original rolls of S.B. 631, 2012.
MO Rev Stat § 537.1005 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|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 in any COVID-19 exposure action unless the plaintiff can prove by clear and convincing evidence that:  (1) The individual or entity engaged in recklessness or willful misconduct that caused an actual exposure to COVID-19; and  (2) The actual exposure to COVID-19 caused the personal injury of the plaintiff.  2. No religious organization shall be liable in any COVID-19 exposure action unless the plaintiff can prove intentional misconduct.  3. There shall be a rebuttable presumption of an assumption of risk by a plaintiff in a COVID-19 exposure action when an individual or entity posts or maintains signs or provides written notice which contains the warning notice specified in this subsection. If a sign is posted or maintained, the sign shall be placed in a clearly visible location at the entrance of the business, service, activity, or accommodation. The sign or written notice described in this subsection shall contain the following warning notice in a substantially similar form:   "WARNING   Under Missouri law, any individual entering the premises or engaging the services of the business waives all civil liability against the individual or entity for any damages based on inherent risks associated with an exposure or potential exposure to COVID-19, except for recklessness or willful misconduct."   ­­No religious organization shall be required to post or maintain a sign or provide written notice containing the warning notice specified in this subsection.  4. Adoption of or changes to policies, practices, or procedures of an individual or entity in order to address or mitigate the spread of COVID-19 after the time of the actual, alleged, feared, or potential for exposure to COVID-19 shall not be considered evidence of liability or culpability.  5. Nothing in this section shall require an individual or entity to establish a written or published policy addressing the spread of COVID-19, including any policy requiring or mandating a vaccination or requiring proof of vaccination.  6. No individual or entity shall be held liable in a COVID-19 exposure action for the acts or omissions of a third party, unless:  (1) The individual or entity had an obligation under general common law principles to control the acts or omissions of the third party; or  (2) The third party was an agent of the individual or entity. ­­-------- (L. 2021 S.B. 51 & 42)  Expires 8-28-25; see § 537.1035
MO Rev Stat § 537.1010 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|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 willful misconduct by the health care provider; and  (2) That the alleged harm, damage, breach, or tort resulting in the personal injury was caused by the alleged recklessness or willful misconduct.  2. For purposes of this section, an elective procedure that is delayed with good cause shall not be considered recklessness or willful misconduct. ­­-------- (L. 2021 S.B. 51 & 42)  Expires 8-28-25; see § 537.1035
MO Rev Stat § 537.1015 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|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 a covered product shall be liable in a COVID-19 products liability action if the individual or entity:  (1) Does not make the covered product in the ordinary course of business;  (2) Does make the covered product in the ordinary course of business, however the emergency due to COVID-19 requires the covered product to be made in a modified manufacturing process that is outside the ordinary course of business; or  (3) Does make the covered product in the ordinary course of business and use of the covered product is different than its recommended purpose and used in response to the emergency due to COVID-19.  2. For a plaintiff to prevail in a COVID-19 products liability action over the use or misuse of a covered product, the plaintiff shall prove by clear and convincing evidence:  (1) Recklessness or willful misconduct by the individual or entity; and  (2) That the alleged harm, damage, breach, or tort resulting in the personal injury was caused by the alleged recklessness or willful misconduct.  3. The provisions of this section shall not apply to any fraud in connection with the advertisement of any covered product.  4. The provisions of this section shall apply to any claim for damages that has a causal relationship with the administration to or use by an individual of a covered product, including a causal relationship with the design, development, clinical testing or investigation, manufacture, labeling, distribution, formulation, packaging, marketing, promotion, sale, purchase, lease, donation, dispensing, prescribing, administration, licensing, or use of such covered product.  5. The provisions of this section shall apply only if the covered product was administered or used for the treatment of or protection against COVID-19.  6. The provisions of this section shall apply to a covered product regardless of whether such covered product is obtained by donation, commercial sale, or any other means of distribution by or in partnership with federal, state, or local public health officials or the private sector. ­­-------- (L. 2021 S.B. 51 & 42)  Expires 8-28-25; see § 537.1035