reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.010 - Action for damages to property to survive regardless of death of either party.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1977
537.010. Action for damages to property to survive regardless of death of either party. —
Actions for wrongs done to property or interests therein may be brought against the wrongdoer by the person whose property or interest therein is injured. If the person whose property or interest therein is injured is dead, the action survives and may be brought against the wrongdoer by the person appointed as fiduciary for the estate of the deceased person. If the wrongdoer is dead, the action also survives and may be brought and maintained in the manner set forth in section 537.021. Such actions shall be brought and maintained in the same manner and with like effect in all respects as actions founded upon contracts.
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(RSMo 1939 § 98, A.L. 1977 S.B. 147)
Prior revisions: 1929 § 98; 1919 § 97; 1909 § 105
(1969) The charitable immunity doctrine is abolished and nongovernmental charitable institutions are liable for their own negligence and the negligence of their agents and employees acting within the scope of their employment. Abernathy v. Sisters of St. Mary's (Mo.), 446 S.W.2d 599.
(1969) Churches are liable for their own negligence and the negligence of their agents and employees acting within the scope of their employment. Garnier v. St. Andrew Presbyterian Church of St. Louis, Mo. (Mo.), 446 S.W.2d 607.
(1971) The doctrine of governmental immunity does not violate the constitutional rights of an injured party by depriving him of rights or property without due process. Wood v. County of Jackson (Mo.), 463 S.W.2d 834.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.020 - Action for personal injury or death to survive regardless of death of either party.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 02 Jan 1979, see footnote
537.020. Action for personal injury or death to survive regardless of death of either party. —
1. Causes of action for personal injuries, other than those resulting in death, whether such injuries be to the health or to the person of the injured party, shall not abate by reason of his death, nor by reason of the death of the person against whom such cause of action shall have accrued; but in case of the death of either or both such parties, such cause of action shall survive to the personal representative of such injured party, and against the person, receiver or corporation liable for such injuries and his legal representatives, and the liability and the measure of damages shall be the same as if such death or deaths had not occurred. Causes of action for death shall not abate by reason of the death of any party to any such cause of action, but shall survive to the personal representative of such party bringing such cause of action and against the person, receiver or corporation liable for such death and his or its legal representatives.
2. The right of action for death or the right of action for personal injury that does not result in the death shall be sufficient to authorize and to require the appointment of a personal representative by the probate division of the circuit court upon the written application therefor by one or more of the beneficiaries of the deceased. The existence of the right of action for death or personal injury that does not result in death shall be sufficient to authorize and to require the appointment of a personal representative for the person liable for such death or injury by the court having probate jurisdiction upon his death upon the written application of any person interested in such right of action for death or injury.
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(RSMo 1939 § 3670, A.L. 1947 V. II p. 225, A.L. 1949 p. 633, A.L. 1955 p. 780, A.L. 1977 S.B. 147, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 3280; 1919 § 4231; 1909 § 5438
Effective 1-02-79
(1971) Where parents of deceased child were not made defendants in plaintiff's suit against child's administrator, they could not bring themselves into that action as counter-claimants for wrongful death. State ex rel. Saupe v. Swink (A.), 475 S.W.2d 466.
(1975) Wrongful death action of husband for wife's death abated on his death sixteen days later and did not pass to his personal representative. Pedroli v. Missouri Pacific Railroad (A.), 524 S.W.2d 882.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.030 - Section 537.010 not to extend to what action.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1949
537.030. Section 537.010 not to extend to what action. —
Sections 537.010 and 537.020 shall not extend to actions for slander, libel, assault and battery or false imprisonment.
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(RSMo 1939 § 99, A. 1949 H.B. 2135)
Prior revisions: 1929 § 99; 1919 § 98; 1909 § 106
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.037 - Emergency care, no civil liability, exceptions (Good Samaritan law).

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2023, 3 histories
537.037. Emergency care, no civil liability, exceptions (Good Samaritan law). —
1. Any physician or surgeon, registered professional nurse or licensed practical nurse licensed to practice in this state under the provisions of chapter 334 or 335, or licensed to practice under the equivalent laws of any other state and any person licensed as an emergency medical technician under the provisions of chapter 190, may:
(1) In good faith render emergency care or assistance, without compensation, at the scene of an emergency or accident, and shall not be liable for any civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care;
(2) In good faith render emergency care or assistance, without compensation, to any minor involved in an accident, or in competitive sports, or other emergency at the scene of an accident, without first obtaining the consent of the parent or guardian of the minor, and shall not be liable for any civil damages other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering the emergency care.
2. Any other person who has been trained to provide first aid in a standard recognized training program may, without compensation, render emergency care or assistance to the level for which he or she has been trained, at the scene of an emergency or accident, and shall not be liable for civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care.
3. Any mental health professional, as defined in section 632.005, or qualified counselor, as defined in section 631.005, or any practicing medical, osteopathic, or chiropractic physician, or certified nurse practitioner, or physicians' assistant may in good faith render suicide prevention interventions at the scene of a threatened suicide and shall not be liable for any civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such suicide prevention interventions.
4. Any other person may, without compensation, render suicide prevention interventions at the scene of a threatened suicide and shall not be liable for civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such suicide prevention interventions.
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(L. 1979 H.B. 445 § 1, A.L. 1983 1st Ex. Sess. H.B. 8, A.L. 1986 H.B. 860, A.L. 2005 H.B. 462 & 463, A.L. 2008 S.B. 1081, A.L. 2023 H.B. 402 merged with S.B. 24 merged with S.B. 186)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.045 - Parent or guardian liable for damages by minor, when, limitation — minor's liability — work accepted in lieu of payment.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1990
537.045. Parent or guardian liable for damages by minor, when, limitation — minor's liability — work accepted in lieu of payment. —
1. The parent or guardian, excluding foster parents, of any unemancipated minor, under eighteen years of age, in their care and custody, against whom judgment has been rendered for purposely marking upon, defacing or in any way damaging any property, shall be liable for the payment of that judgment up to an amount not to exceed two thousand dollars, provided that the parent or guardian has been joined as a party defendant in the original action. The judgment provided in this subsection to be paid shall be paid to the owner of the property damaged, but such payment shall not be a bar to any criminal action or any proceeding against the unemancipated minor for such damage for the balance of the judgment not paid by the parent or guardian.
2. The parent or guardian, excluding foster parents, of any unemancipated minor, under eighteen years of age, in their care and custody, against whom judgment has been rendered for purposely causing personal injury to any individual, shall be liable for the payment for that judgment up to an amount not to exceed two thousand dollars, provided that the parent or guardian has been joined as a party defendant in the original action. The judgment provided in this subsection to be paid shall be paid to the person injured, but such payment shall not be a bar to any criminal action or any proceeding against the unemancipated minor for such damage for the balance of the judgment not paid by the parent or guardian.
3. Upon rendering a judgment in any proceeding under this section, the judge may order the parent or guardian, and the minor who damaged the property or caused the personal injury, to work for the owner of the property damaged or the person injured in lieu of payment, if the parent, minor and the owner of the property damaged or the person injured are agreeable.
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(L. 1965 p. 661 § 1, A.L. 1979 H.B. 207, A.L. 1990 H.B. 1734)
CROSS REFERENCES:
Damages by minor, restitution, 211.185
Defacing state buildings, liability, 8.150
Parents liable for minors defacing state capitol, 8.150
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.046 - Childhood sexual abuse, injury or illness defined — action for damages may be brought, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2004
537.046. Childhood sexual abuse, injury or illness defined — action for damages may be brought, when. —
1. As used in this section, the following terms mean:
(1)
"Childhood sexual abuse"
, any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under the age of eighteen years and which act would have been a violation of section 566.030, 566.040, 566.050
*
, 566.060, 566.070, 566.080
*
, 566.090, 566.100, 566.110
*
, or 566.120
*
, or section 568.020;
(2)
"Injury"
or
"illness"
, either a physical injury or illness or a psychological injury or illness. A psychological injury or illness need not be accompanied by physical injury or illness.
2. Any action to recover damages from injury or illness caused by childhood sexual abuse in an action brought pursuant to this section shall be commenced within ten years of the plaintiff attaining the age of twenty-one or within three years of the date the plaintiff discovers, or reasonably should have discovered, that the injury or illness was caused by childhood sexual abuse, whichever later occurs.
3. This section shall apply to any action commenced on or after August 28, 2004, including any action which would have been barred by the application of the statute of limitation applicable prior to that date.
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(L. 1990 H.B. 1370, et al. § 3, A.L. 2004 H.B. 1055 merged with H.B. 1453 merged with S.B. 1211)
*Sections 566.050, 566.080, 566.110, and 566.120 were repealed by S.B. 693 in 1994.
CROSS REFERENCES:
Prosecution for sexual offense involving person seventeen or under to be commenced within twenty years of offense, 556.037
Statute of limitation in action for damages for sexual contact with person within third degree of consanguinity or affinity, 516.371
(1993) Expiration of statutes of limitation for tort actions created vested right in favor of defendants to be free from suit; therefore, to extent that section authorizes causes of action that would have been barred under statutes of limitation in effect prior to effective date of statute, statute contravenes, Art. I, Sec. 13, Mo. Const., constitutional prohibition against retrospective laws. Doe v. Roman Catholic Diocese, 862 S.W.2d 338 (Mo.banc).
(2016) Section creates a cause of action only against the person who allegedly committed the abuse and does not provide a cause of action against non-perpetrators. State ex rel. Heart of America v. McKenzie, 484 S.W.3d 320 (Mo.).
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.047 - Civil action for damages authorized, sexual and pornographic offenses involving a minor — statute of limitations.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2007
537.047. Civil action for damages authorized, sexual and pornographic offenses involving a minor — statute of limitations. —
1. Any person who, while a child or minor as defined by section 573.010, was a victim of a violation of sections 573.023, 573.025, 573.035, or 573.037, and who suffers physical or psychological injury or illness as a result of such violation, shall be entitled to bring a civil action to recover the actual damages sustained as a result of the violation, and shall also be entitled to recover the costs of the civil action and reasonable fees for attorneys and expert witnesses. A psychological injury or illness as described under this section need not be accompanied by physical injury or illness.
2. Any action described under this section shall be commenced within ten years of the plaintiff attaining the age of twenty-one, or within three years of the date the plaintiff discovers that the injury or illness was caused by the violation of an offense enumerated in subsection 1 of this section, whichever later occurs.
3. A cause of action under this section may arise only if the violation that caused the injury occurs on or after August 28, 2007.
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(L. 2007 H.B. 583)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.050 - Civil action not merged in criminal prosecution.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1939
537.050. Civil action not merged in criminal prosecution. —
In no case shall the right of action of any party injured by the commission of any felony or misdemeanor be deemed or adjudged to be merged in such felony or misdemeanor; but he may recover the amount of damages sustained thereby in an action to be brought before any court or tribunal of competent jurisdiction.
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(RSMo 1939 § 3679)
Prior revisions: 1929 § 3289; 1919 § 4240; 1909 § 5447
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.055 - Operation of a motorcycle not evidence of comparative negligence.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2009
537.055. Operation of a motorcycle not evidence of comparative negligence. —
In any action to recover damages arising out of the ownership, common maintenance, or operation of a motor vehicle, the fact that one of the parties was operating a motorcycle shall not, in and of itself, be considered evidence of comparative negligence.
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(L. 2009 H.B. 481)
CROSS REFERENCE:
Insurance claims, unfair practice to attribute fault solely on operation of motorcycle, penalties, 379.130
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.060 - Contribution between tort-feasors — release of one or more, effect.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1983
537.060. Contribution between tort-feasors — release of one or more, effect. —
Defendants in a judgment founded on an action for the redress of a private wrong shall be subject to contribution, and all other consequences of such judgment, in the same manner and to the same extent as defendants in a judgment in an action founded on contract. When an agreement by release, covenant not to sue or not to enforce a judgment is given in good faith to one of two or more persons liable in tort for the same injury or wrongful death, such agreement shall not discharge any of the other tort-feasors for the damage unless the terms of the agreement so provide; however such agreement shall reduce the claim by the stipulated amount of the agreement, or in the amount of consideration paid, whichever is greater. The agreement shall discharge the tort-feasor to whom it is given from all liability for contribution or noncontractual indemnity to any other tort-feasor. The term
"noncontractual indemnity"
as used in this section refers to indemnity between joint tort-feasors culpably negligent, having no legal relationship to each other and does not include indemnity which comes about by reason of contract, or by reason of vicarious liability.
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(RSMo 1939 § 3658, A.L. 1983 H.B. 135 & 194)
Prior revisions: 1929 § 3268; 1919 § 4223; 1909 § 5431
(1974) When joint tort-feasors are each chargeable with active or affirmative negligence, neither is entitled to indemnity from the other; however, one may be entitled to contribution from the other. Lewis v. Amchem Products, Inc. (A.), 510 S.W.2d 46.
(1994) Statute does not require court to ignore plain, clear divestiture of all claims in general release, however, a specific and clear reservation is no longer required. Plaintiff's failure to clearly reserve a specific claim in release does not necessarily render the claim barred. Court must consider the whole instrument where language limits scope of release to claims in first cause of action. Allison V. Flexway Trucking, Inc. 28 F.3d 64 (8th Cir.).
(1996) Statute does not prohibit a general release. Meyer v. General Motors Corp., 937 F.Supp. 861 (E.D. Mo.)
(2001) Claim for noncontractual indemnity includes, in the absence of contractual provision allowing indemnification, seller's claim against manufacturer for indemnification in products liability case. Tiny Totland, Inc. v. Spalding & Evenflo Companies, Inc., 242 F.3d 830 (8th Cir.).
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.067 - Joint and several liability of defendants in tort actions, allocation of responsibility for judgment — defendants several liability for punitive damages.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2005
537.067. Joint and several liability of defendants in tort actions, allocation of responsibility for judgment — defendants several liability for punitive damages. —
1. In all tort actions for damages, if a defendant is found to bear fifty-one percent or more of fault, then such defendant shall be jointly and severally liable for the amount of the judgment rendered against the defendants. If a defendant is found to bear less than fifty-one percent of fault, then the defendant shall only be responsible for the percentage of the judgment for which the defendant is determined to be responsible by the trier of fact; except that, a party is responsible for the fault of another defendant or for payment of the proportionate share of another defendant if any of the following applies:
(1) The other defendant was acting as an employee of the party;
(2) The party's liability for the fault of another person arises out of a duty created by the federal Employers' Liability Act, 45 U.S.C. Section 51.
2. The defendants shall only be severally liable for the percentage of punitive damages for which fault is attributed to such defendant by the trier of fact.
3. In all tort actions, no party may disclose to the trier of fact the impact of this section.
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(L. 1987 H.B. 700 § 41, A.L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statute changes to cases filed after August 28, 2005, 538.305
(2001) Joint and several liability applies to Missouri Highway and Transportation Commission; application of statute would not require the public payment of a private debt or the unconstitutional diversion of appropriated highway funds. Smith v. Coffey, 37 S.W.3d 797 (Mo.banc.).
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.068 - Court may enter remittitur order or increase jury award, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 01 Jul 1987, see footnote
537.068. Court may enter remittitur order or increase jury award, when. —
A court may enter a remittitur order if, after reviewing the evidence in support of the jury's verdict, the court finds that the jury's verdict is excessive because the amount of the verdict exceeds fair and reasonable compensation for plaintiff's injuries and damages. A court may increase the size of a jury's award if the court finds that the jury's verdict is inadequate because the amount of the verdict is less than fair and reasonable compensation for plaintiff's injuries and damages.
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(L. 1987 H.B. 700 § 42)
Effective 7-01-87
(1996) Additur is an "authorized after-trial" motion. Massman Construction Company v. Missouri Highway & Transportation Commission, 914 S.W.2d 801 (Mo.banc).
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.069 - Provisions of certain laws applicable to all causes of action.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 01 Jul 1987, see footnote
537.069. Provisions of certain laws applicable to all causes of action. —
The provisions of sections 260.552, 408.040, 490.715, 509.050, 510.263, 537.067, 537.068, 537.117, 537.675, and 537.760 to 537.765 and 538.300 shall apply to all causes of actions accruing after July 1, 1987.
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(L. 1987 H.B. 700 § 45)
Effective 7-01-87
CROSS REFERENCE:
Medical and health care providers, malpractice sections, 538.205 to 538.235; certain sections not applicable, 538.300
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.085 - Defenses to wrongful death action.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1979
537.085. Defenses to wrongful death action. —
On the trial of such action to recover damages for causing death, the defendant may plead and prove as a defense any defense which the defendant would have had against the deceased in an action based upon the same act, conduct, occurrence, transaction, or circumstance which caused the death of the deceased, and which action for damages the deceased would have been entitled to bring had death not ensued.
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(L. 1955 p. 778 § 537.090, A.L. 1979 S.B. 368)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.100 - Limitation of action — effect of absence of defendant and nonsuit.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2018, 2 histories
537.100. Limitation of action — effect of absence of defendant and nonsuit. —
1. Every action instituted under section 537.080 shall be commenced within three years after the cause of action shall accrue; provided, that if any defendant, whether a resident or nonresident of the state at the time any such cause of action accrues, shall then or thereafter be absent or depart from the state, so that personal service cannot be had upon such defendant in the state in any such action heretofore or hereafter accruing, the time during which such defendant is so absent from the state shall not be deemed or taken as any part of the time limited for the commencement of such action against him; and provided, that if any such action shall have been commenced within the time prescribed in this section, and the plaintiff therein take or suffer a nonsuit, or after a verdict for him the judgment be arrested, or after a judgment for him the same be reversed on appeal or error, such plaintiff may commence a new action from time to time within one year after such nonsuit suffered or such judgment arrested or reversed; and in determining whether such new action has been begun within the period so limited, the time during which such nonresident or absent defendant is so absent from the state shall not be deemed or taken as any part of such period of limitation.
2. Any service on a defendant by a plaintiff after the statute of limitations set forth in subsection 1 of this section has expired or after the expiration of any extension of the time provided to commence an action pursuant to law shall be made within one hundred eighty days of the filing of the petition. If such service is not made on a defendant within one hundred eighty days of the filing of the petition, the court shall dismiss the action against the defendant. The dismissal shall be without prejudice unless the plaintiff has previously taken or suffered a nonsuit, in which case the dismissal shall be with prejudice.
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(RSMo 1939 § 3656, A.L. 1955 p. 778, A.L. 1967 p. 663, A.L. 1979 S.B. 368, A.L. 2018 S.B. 871)
Prior revisions: 1929 § 3266; 1919 § 4221; 1909 § 5429
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.105 - Radio station not liable for defamation, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1951
537.105. Radio station not liable for defamation, when. —
The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, or the agents or employees of such owner, licensee or operator of such a station or network of stations, shall not be liable for any damages for any defamatory statement uttered over the facilities of such station or network by or on behalf of any candidate for public office where such statement is not subject to censorship or control by reason of any federal statute or any ruling or order of the Federal Communications Commission made pursuant thereto.
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(L. 1951 p. 804 § 1)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.110 - What words are actionable.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1939
537.110. What words are actionable. —
It is actionable to publish falsely and maliciously, in any manner whatsoever, that any person has been guilty of fornication or adultery.
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(RSMo 1939 § 3651)
Prior revisions: 1929 § 3261; 1919 § 4216; 1909 § 5424
CROSS REFERENCE:
Pleadings in libel or slander actions, 509.210
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.117 - Officers or members of governing bodies of certain corporations, charities, organizations or clubs immune from personal liability for official acts, exceptions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 01 Jul 1987, see footnote
537.117. Officers or members of governing bodies of certain corporations, charities, organizations or clubs immune from personal liability for official acts, exceptions. —
Any officer or member of the governing body of an entity which operates under the standards of section 501(c) of the Internal Revenue Code of 1986, who is not compensated for his services on a salary or prorated equivalent basis, shall be immune from personal liability for any civil damages arising from acts performed in his official capacity. The immunity shall extend only to such actions for which the person would not otherwise be liable, but for his affiliation with such an entity. This immunity shall not apply to intentional conduct, wanton or willful conduct, or gross negligence. Nothing herein shall be construed to create or abolish an immunity in favor of the entity itself.
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(L. 1987 H.B. 700 § 43)
Effective 7-01-87
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.118 - Volunteers, limited personal liability, certain organizations and government entities, exceptions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1989
537.118. Volunteers, limited personal liability, certain organizations and government entities, exceptions. —
1. As used in this section, the following terms mean:
(1)
"Nonprofit organization"
, an entity which operates under the standards of section 501(c) of the Internal Revenue Code of 1986 as amended;
(2)
"Prorated equivalent basis"
, any other basis for compensation except that used to compensate for expenses actually incurred; and
(3)
"Volunteer"
, an individual performing services for a nonprofit organization or a governmental entity who is not compensated for his services on a salary or prorated equivalent basis. The term shall not include those covered by section 537.117.
2. Any volunteer of a nonprofit organization or governmental entity shall be immune from personal liability for any act or omission resulting in damage or injury to any person intended to receive benefit from such volunteer's service if:
(1) The volunteer acted in good faith and within the scope of his official functions and duties with the organization or entity; and
(2) The damage or injury was not caused by the intentional or malicious conduct or by the negligence of such volunteer.
3. Nothing in this section shall be construed to create or abolish an immunity in favor of a nonprofit organization or a governmental entity.
4. The provisions of this section shall apply to all causes of action accruing after August 28, 1989.
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(L. 1989 S.B. 208 § 1)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.120 - Physician not liable for restraint of mentally incapacitated persons.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1983
537.120. Physician not liable for restraint of mentally incapacitated persons. —
No regular practicing or licensed physician or surgeon or the owner or operator of any private sanatorium or hospital shall be liable in damages for restraint of any mentally incapacitated person by reason of having in good faith furnished care, treatment or attention to such person, and while such person is under the care of such physician or surgeon or confined in such sanatorium or hospital.
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(RSMo 1939 § 508, A.L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.130 - Liability for damages caused by riotous assemblage.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1939
537.130. Liability for damages caused by riotous assemblage. —
Any person or persons forming a part of an unlawful or riotous assemblage shall be liable for any damage to person or property caused by the acts of such assemblage, or of any person or persons unlawfully connected therewith.
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(RSMo 1939 § 3661)
Prior revisions: 1929 § 3271; 1919 § 8672; 1909 § 9549
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.165 - Political subdivisions to defend tort actions against firemen involving use of motor vehicles — extent of liability.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1957
537.165. Political subdivisions to defend tort actions against firemen involving use of motor vehicles — extent of liability. —
Every county, city, town, village, fire district or other political subdivision of the state having a full time salaried fire department shall defend, in the name and on behalf of the members of its fire department in any action brought against a member involving claims for death or injury to persons or property arising out of their operation of motor vehicles of the fire department in the performance of their duties. Such defense shall be conducted by the regular legal staff of the county, city, town, village, fire district or other political subdivision involved. No judgment, or liability for court costs, obtained against any such member in any such action shall be a liability of the county, city, town, village, fire district or other political subdivision defending such action.
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(L. 1957 p. 756 § 1)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.170 - Waiver of rights to damages by blind employee.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1939
537.170. Waiver of rights to damages by blind employee. —
It shall hereafter be lawful for any blind person over the age of eighteen years to agree to and with his or her employer to waive his or her right to damages or compensation for any personal injury arising out of or in the course of his or her employment for which injury such blindness was the direct or contributory cause and any such agreement shall be valid and binding upon the parties thereto.
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(RSMo 1939 § 3669)
Prior revisions: 1929 § 3279; 1919 § 4230
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.180 - Negligence of fellow servant no defense in action by employee against railroad or mine.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1949
537.180. Negligence of fellow servant no defense in action by employee against railroad or mine. —
Every railroad corporation owning or operating a railroad in this state and every person, company or corporation operating a mine or mines in this state producing lead, zinc, coal or other valuable minerals shall be liable for all damages sustained by any agent or servant thereof while engaged in the work of operating such railroad or while engaged in operating such mine or mines by reason of the negligence of any other agent or servant thereof; provided, that it may be shown in defense that the person injured was guilty of negligence contributing as a proximate cause to produce the injury.
­­--------
(RSMo 1939 §§ 3665, 3672, A. 1949 H.B. 2135)
Prior revisions: 1929 §§ 3275, 3282; 1919 §§ 4226, 4233; 1909 §§ 5434, 5440
CROSS REFERENCES:
Contributory negligence of employee no defense in action for injuries against railroad, when, RSMo 389.790 to 389.870
Damages for injuries to employees resulting from failure of railroad to maintain switch lights, RSMo 389.710 to 389.730
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.190 - Fellow servant defined.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1949
537.190. Fellow servant defined. —
All persons who are engaged in the common service of such railroad corporation, or of any person, company or corporation operating a mine or mines, and who while so engaged, are working together at the same time and place, to a common purpose of same grade, neither of such persons being entrusted by such railroad corporation, person, company, or corporation with any superintendence or control over their fellow employees, are fellow servants with each other; except that nothing herein contained shall be so construed as to make any agent or servant of any railroad corporation in the service of such railroad corporation a fellow servant with any other agent or servant of such railroad corporation engaged in any other department or service of such corporation.
­­--------
(RSMo 1939 §§ 3667, 3674, A. 1949 H.B. 2135)
Prior revisions: 1929 §§ 3277, 3284; 1919 §§ 4228, 4235; 1909 §§ 5436, 5442
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.200 - Vice-principals defined.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1949
537.200. Vice-principals defined. —
All persons engaged in the service of any railroad corporation doing business in this state or of any person, company or corporation operating a mine or mines in this state, who are entrusted by such railroad corporation, person, company or corporation, with the authority of superintendence, control or command of other persons in the employ or service of such railroad corporation, person, company or corporation, or with authority to direct any other servant in the performance of any duty of such servant, or with the duty of inspection or other duty owing by the master to the servant, are
"vice-principals"
of such corporation, and are not fellow servants with such employees.
­­--------
(RSMo 1939 §§ 3666, 3673, A. 1949 H.B. 2135)
Prior revisions: 1929 §§ 3276, 3283; 1919 §§ 4227, 4234; 1909 §§ 5435, 5441
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.210 - Contracts limiting liability invalid.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1949
537.210. Contracts limiting liability invalid. —
No contracts made between any railroad corporation, or between any person, company or corporation operating a mine or mines and their agents or servants, based upon the contingency of the injury or death to any such agent or servant, limiting the liability of the employer for any damages under the provisions of this and sections 537.180 to 537.200 shall be valid or binding, but all such contracts or agreements shall be null and void.
­­--------
(RSMo 1939 §§ 3668, 3675, A. 1949 H.B. 2135)
Prior revisions: 1929 §§ 3278, 3285; 1919 §§ 4229, 4236; 1909 §§ 5437, 5443
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.220 - Construction and application of sections 537.180 to 537.210.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1939
537.220. Construction and application of sections 537.180 to 537.210. —
Nothing in sections 537.180 to 537.210 shall be so construed as applying to or including the operation, construction or repairing of concentrating mills, flumes or tramways wholly above ground.
­­--------
(RSMo 1939 § 3676)
Prior revisions: 1929 § 3286; 1919 § 4237; 1909 § 5444
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.230 - Action against mining operator for wrongful death of employee — amount — limitation.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1949
537.230. Action against mining operator for wrongful death of employee — amount — limitation. —
Whenever any cause of action shall accrue to any agent or servant of any person, company or corporation operating a mine or mines in this state under sections 537.180 to 537.210, and death shall ensue to such agent or servant by reason of the negligence provided for in said sections, the cause of action shall survive in favor of the widow and minor children of the deceased; provided, that action therefor shall be brought by the widow within six months after such death, and if she shall fail to bring such action then within twelve months after such death by such minor children; and provided further, that recovery in case of such death shall not exceed the sum of ten thousand dollars.
­­--------
(RSMo 1939 § 3677, A. 1949 H.B. 2135)
Prior revisions: 1929 § 3287; 1919 § 4238; 1909 § 5445
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.240 - Railroads and railroad corporation or companies — terms construed.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1939
537.240. Railroads and railroad corporation or companies — terms construed. —
Whenever the words
"railroad companies"
or
"railroad corporation"
shall be found in sections 537.040 to 537.110, 537.130 to 537.260, it shall be taken and construed to include all companies, corporations, person or persons operating any railroad in this state, and wherever the word
"railroad"
occurs in any of said sections it shall be taken and construed to include all railroads operated in this state by whatever motive or power propelled, and shall include all railroads or railways, commonly known as street railways, and all railroads operated by terminal companies or associations, known as "terminal railroads" or "railways", as well as all railways or railroads operated anywhere in the state, commonly known as electric railroads, whether they be wholly or in part in the city or country districts; also all railroads within the country or city operated by what is commonly known as cable or motor power, or by horsepower.
­­--------
(RSMo 1939 § 3671)
Prior revisions: 1929 § 3281; 1919 § 4232; 1909 § 5439
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.250 - Liability of common carrier for loss or damage to property transported — who may be joined as defendants.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1939
537.250. Liability of common carrier for loss or damage to property transported — who may be joined as defendants. —
Whenever any property is received by a common carrier to be transferred from one place to another, within or without the state, or when a railroad or other transportation company issues receipts or bills of lading in this state, the common carrier, railroad or transportation company issuing such bill of lading shall be liable for any loss, damage or injury to such property, caused by its negligence or the negligence of any other common carrier, railroad or transportation company to which such property may be delivered, or over whose line such property may pass; and the common carrier, railroad or transportation company issuing any such receipt or bill of lading shall be entitled to recover, in a proper action, the amount of any loss, damage or injury it may be required to pay to the owner of such property, from the common carrier, railroad or transportation company, through whose negligence the loss, damage or injury may be sustained; provided, that in any suit to recover for any loss, damage or injury to property transported by a common carrier and one or more connecting carriers, the plaintiff may join as defendants the original carrier and all connecting carriers, and shall be entitled to recover in such action from the common carrier, railroad or transportation company, through whose negligence any loss, damage or injury to such property was sustained, the amount of such loss, damage or injury, with all costs of suit, and may prosecute such action in any county in this state in which, as is provided by law, a suit may be maintained against either of such common carriers.
­­--------
(RSMo 1939 § 3678)
Prior revisions: 1929 § 3288; 1919 § 4239; 1909 § 5446
CROSS REFERENCES:
Common carriers, liable for damage to property in transit, 387.180
Failure of railroad to receive and deliver bulk grain, 389.540
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.260 - Railroad liable for killing stock — irrespective of negligence unless road is fenced.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1939
537.260. Railroad liable for killing stock — irrespective of negligence unless road is fenced. —
When any animal or animals shall be killed or injured by the cars, locomotive or other carriages used on any railroad in this state, the owner of such animal or animals may recover the value thereof, in an action against the company or corporation running such railroad, without any proof of negligence, unskillfulness or misconduct, on the part of the officers, servants or agents of such company; but this section shall not apply to any accident occurring on any portion of such road that may be enclosed by a lawful fence, or in the crossing of any public highway.
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(RSMo 1939 § 3655)
Prior revisions: 1929 § 3265; 1919 § 4220; 1909 § 5428
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.270 - Insufficient fence on railroad — stock killed — damages.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1939
537.270. Insufficient fence on railroad — stock killed — damages. —
Whenever any livestock shall go in upon any railroad or its right-of-way, in this state, and the said railroad is not at such place or places enclosed by a good fence, on both sides of said railroad, such as is by law required, or where said railroad has failed to construct and maintain a good and sufficient cattle guard, or opening gate, such as is by law required, and such stock by being frightened or run by any passing locomotive, motor car, or other vehicle, or train on said railroad, shall be injured or killed by or because of having run against the fence on either side, or into any culvert, bridge, slough or mire, or other object along the line of said road, the railroad company shall pay the owner of any such stock so injured or killed the amount of the damages sustained.
­­--------
(RSMo 1939 § 5219)
Prior revisions: 1929 § 4762; 1919 § 9949; 1909 § 3146
CROSS REFERENCE:
Railroad liable for double damages for killing stock until fences are built, 389.650
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.280 - Injury to stock by railroad — agreed damages — payment, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1939
537.280. Injury to stock by railroad — agreed damages — payment, when. —
Whenever any livestock shall be injured or killed by any railroad, so as to render the railroad liable under section 537.270, or otherwise, and the owner of said livestock so injured or killed, or his authorized agent, and the agent or adjuster of the railroad, shall agree upon the amount of damage or damages sustained by the owner, the railroad shall, within forty days after said agreement, pay to the owner thereof, or his authorized agent, the amount of damage or damages so agreed upon.
­­--------
(RSMo 1939 § 5220)
Prior revisions: 1929 § 4763; 1919 § 9951; 1909 § 3148
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.290 - Failure to pay agreed damages — double damages.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1939
537.290. Failure to pay agreed damages — double damages. —
If any railroad neglect, fail or refuse to pay the owner or his authorized agent the damage or damages agreed upon, as provided in section 537.280, then the railroad shall be liable to the owner in double the amount of damage or damages agreed upon, to be recovered in any court of competent jurisdiction.
­­--------
(RSMo 1939 § 5221)
Prior revisions: 1929 § 4764; 1919 § 9952; 1909 § 3149