reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.294 - Firearm ranges — definitions — not to be deemed a nuisance, when — immunity from civil and criminal liability, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 2008
537.294. Firearm ranges — definitions — not to be deemed a nuisance, when — immunity from civil and criminal liability, when. —
1. As used in this section, the following terms shall mean:
(1)
"Firearm range"
, any rifle, pistol, silhouette, skeet, trap, black powder or other similar range in this state used for discharging firearms in a sporting event or for practice or instruction in the use of a firearm, or for the testing of a firearm;
(2)
"Hunting preserve"
, any hunting preserve or licensed shooting area operating under a permit granted by the Missouri department of conservation.
2. All owners and authorized users of firearm ranges shall be immune from any criminal and civil liability arising out of or as a consequence of noise or sound emission resulting from the use of any such firearm range. Owners and users of such firearm ranges shall not be subject to any civil action in tort or subject to any action for public or private nuisance or trespass and no court in this state shall enjoin the use or operation of such firearm ranges on the basis of noise or sound emission resulting from the use of any such firearm range. Any actions by a court in this state to enjoin the use or operation of such firearm ranges and any damages awarded or imposed by a court, or assessed by a jury, in this state against any owner or user of such firearm ranges for nuisance or trespass are null and void.
3. All owners and authorized users of existing hunting preserves or areas that are designated as hunting preserves after August 28, 2008, shall be immune from any criminal and civil liability arising out of or as a consequence of noise or sound emission resulting from the normal use of any such hunting preserve. Owners or authorized users of such hunting preserves shall not be subject to any action for public or private nuisance or trespass, and no court in this state shall enjoin the use or operation of such hunting preserves on the basis of noise or sound emission resulting from normal use of any such hunting preserve.
4. Notwithstanding any other provision of law to the contrary, nothing in this section shall be construed to limit civil liability for compensatory damage arising from physical injury to another human, physical injury to tangible personal property, or physical injury to fixtures or structures placed on real property.
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(L. 1988 S.B. 434 & 435 § 5, A.L. 2008 H.B. 2034)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.297 - Transfer of anhydrous ammonia, tamperer assumes risk — owners immune from liability and suit, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 2001
537.297. Transfer of anhydrous ammonia, tamperer assumes risk — owners immune from liability and suit, when. —
1. The following words as used in this section shall have the following meanings:
(1)
"Owner"
, all of the following persons:
(a) Any person who lawfully owns anhydrous ammonia;
(b) Any person who lawfully owns a container, equipment or storage facility containing anhydrous ammonia;
(c) Any person responsible for the installation or operation of such containers, equipment or storage facilities;
(d) Any person lawfully selling anhydrous ammonia;
(e) Any person lawfully purchasing anhydrous ammonia for agricultural purposes;
(f) Any person who operates or uses anhydrous ammonia containers, equipment or storage facilities when lawfully applying anhydrous ammonia for agricultural purposes;
(2)
"Tamperer"
, a person who commits or assists in the commission of tampering;
(3)
"Tampering"
, transferring or attempting to transfer anhydrous ammonia from its present container, equipment or storage facility to another container, equipment or storage facility, without prior authorization from the owners.
2. A tamperer assumes the risk of any personal injury, death and other economic and noneconomic loss arising from his or her participation in the act of tampering. A tamperer or any person related to a tamperer shall not commence a direct or derivative action against any owner as it relates to the act of tampering. Owners are immune from suit by a tamperer or any person related to a tamperer and shall not be held liable for any negligent act or omission which may cause personal injury, death or other economic or noneconomic loss to a tamperer as it relates to the act of tampering.
3. The immunity from liability and suit authorized by this section is expressly waived for owners whose acts or omissions constitute willful or wanton negligence.
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(L. 2001 H.B. 471 merged with S.B. 89 & 37)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.300 - Penalty for driving away of others' stock by drovers.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 02 Jan 1979, see footnote
537.300. Penalty for driving away of others' stock by drovers. —
Whenever any drover, or other person or persons engaged in driving horses, mules, cattle, hogs or sheep through any part of the state of Missouri, shall drive off or shall knowingly and willingly suffer or permit to be driven off from the premises of any citizen of said state, or from the range in which stock of any citizen usually run, to any distance exceeding three miles from such premises or range, any horses, mules, neat cattle, hogs or sheep belonging to such citizen, it shall be lawful for the owner of any such stock so driven off to follow and reclaim the same wherever it may be found; and for the taking and driving away, or suffering or permitting to be driven away, of such stock, the said owner shall be entitled to recover from any said drover, or other person or persons guilty thereof, for each head of horses, mules, neat cattle, hogs or sheep so driven away, twice the value thereof, to be recovered in civil action in the circuit court of the proper county before either a circuit or associate circuit judge and such case may be heard and determined by an associate circuit judge under chapter 517 procedures without special assignment or transfer regardless of the amount of the claim; provided, however, that if the drover shall not pass any habitation where there is a sufficient enclosure for the safekeeping of such animal or animals within said three miles, and shall separate said cattle or other stock from the drove at the next habitation, in such case said action shall not accrue to the owner of said property.
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(RSMo 1939 § 14495, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 12821; 1919 § 4311; 1909 § 812
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.310 - Proceedings under section 537.300.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1939
537.310. Proceedings under section 537.300. —
In any action commenced under section 537.300, a summons may issue against the defendants upon the plaintiff stating, on oath, that he believes some one or more of his cattle or other stock has been driven off by a drover, and that he believes the same to be of a certain value, to be endorsed on the writ; and the proceedings thereon shall be the same as in other actions commenced by summons; provided, however, that no exception shall be taken to the form of the oath aforesaid, and that upon such affidavit, and the execution of a bond by plaintiff, as now required under proceedings by attachment for the amount stated in said affidavit, he shall also be entitled to an attachment against the horses, cattle, mules, hogs, sheep or other animals which defendant or defendants are then so driving, and also against their goods and chattels, and may proceed, under said attachment, to recover all damages given to plaintiff under section 537.300.
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(RSMo 1939 § 14496)
Prior revisions: 1929 § 12822; 1919 § 4312; 1909 § 813
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.320 - Judgment — execution.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 02 Jan 1979, see footnote
537.320. Judgment — execution. —
Whenever judgment shall be rendered against any person or persons, under the provisions of sections 537.300 to 537.320, by any associate circuit judge or circuit judge, an execution shall issue thereon against the goods and chattels of any such defendant or defendants.
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(RSMo 1939 § 14497, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 12823; 1919 § 4313; 1909 § 814
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.330 - Malicious trespass — to personalty — double damages — issuance of attachment, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1939
537.330. Malicious trespass — to personalty — double damages — issuance of attachment, when. —
If any person shall maliciously or wantonly damage or destroy any personal property, goods, chattels, furniture or livestock, the person so offending shall pay to the party injured double the value of the things so damaged or destroyed; and upon an affidavit that said damage or destruction was wantonly or maliciously done, it shall be a good ground for an attachment to issue, as in other cases by attachment.
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(RSMo 1939 § 3688)
Prior revisions: 1929 § 3298; 1919 § 4249; 1909 § 5455
(2000) Section applies to both tangible and intangible personal property, and includes delivery and distribution routes held by independent contract carriers for newspaper chain. Weicht v. Suburban Newspapers of Greater St. Louis, Inc., 32 S.W.3d 592 (Mo.App.E.D.).
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.345 - Definitions for sections 537.345 to 537.347 and 537.351.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2012
537.345. Definitions for sections 537.345 to 537.347 and 537.351. —
As used in sections 537.345 to 537.347, and section 537.351, the following terms mean:
(1)
"Charge"
, the admission price or fee asked by an owner of land or an invitation or permission without price or fee to use land for recreational purposes when such invitation or permission is given for the purpose of sales promotion, advertising or public goodwill in fostering business purposes;
(2)
"Land"
, all real property, land and water, and all structures, fixtures, equipment and machinery thereon;
(3)
"Owner"
, any individual, legal entity or governmental agency that has any ownership or security interest whatever or lease or right of possession in land;
(4)
"Recreational use"
, hunting, fishing, camping, picnicking, biking, nature study, winter sports, viewing or enjoying archaeological or scenic sites, or other similar activities undertaken for recreation, exercise, education, relaxation, or pleasure on land owned by another;
(5)
"Trespasser"
, any person who enters on the property of another without permission and without an invitation, express or implied regardless of whether actual notice of trespass was given or the land was posted in accordance with the provisions of sections 569.140 and 569.145.
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(L. 1983 S.B. 162 § 1, A.L. 2012 S.B. 628)
(2007) Missouri Recreational Use Act does not violate equal protection by granting immunity to landowners in unincorporated but not incorporated areas or by granting immunity to landowners who open land to public at no charge but not to those who charge a fee for access. Foster v. St. Louis County, 239 S.W.3d 599 (Mo.banc).
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.346 - Landowner owes no duty of care to persons entering without fee to keep land safe for recreational use — immunity from liability for injuries of trespasser on land adjacent to park or trail.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2021, 2 histories
537.346. Landowner owes no duty of care to persons entering without fee to keep land safe for recreational use — immunity from liability for injuries of trespasser on land adjacent to park or trail. —
1. Except as provided in sections 537.345 to 537.348, and section 537.351, an owner of land owes no duty of care to any person who enters on the land without charge to keep his or her land safe for recreational use or to give any general or specific warning with respect to any natural or artificial condition, structure, or personal property thereon.
2. No owner of land shall be liable for injuries of a trespasser occurring on his or her residential area or noncovered land, as those terms are defined in section 537.348, if such area or land is adjacent to a park, as defined in section 253.010, or a trail, as defined in section 258.100, if such trespasser is accessing or accessed the owner's property from the adjacent park or trail.
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(L. 1983 S.B. 162 § 2, A.L. 2012 S.B. 628, A.L. 2021 H.B. 369)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.347 - Landowner directly or indirectly invites or permits persons on land for recreation or wildlife management, effect.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2021, 2 histories
537.347. Landowner directly or indirectly invites or permits persons on land for recreation or wildlife management, effect. —
Except as provided in sections 537.345 to 537.348, an owner of land who directly or indirectly invites or permits any person to enter his or her land for recreational use, without charge, whether or not the land is posted, or who directly or indirectly invites or permits any person to enter his or her land for recreational use in compliance with a state-administered recreational access or wildlife management program, does not thereby:
(1) Extend any assurance that the premises are safe for any purpose;
(2) Confer upon such person the status of an invitee, or any other status requiring of the owner a duty of special or reasonable care;
(3) Assume responsibility for or incur liability for any injury to such person or property caused by any natural or artificial condition, structure or personal property on the premises; or
(4) Assume responsibility for any damage or injury to any other person or property caused by an act or omission of such person.
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(L. 1983 S.B. 162 § 3, A.L. 2006 H.B. 1617 & 1374, A.L. 2021 H.B. 369)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.348 - Landowner liable, when — definitions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2021, 2 histories
537.348. Landowner liable, when — definitions. —
Nothing in this act shall be construed to create liability, but it does not limit liability that otherwise would be incurred by those who use the land of others, or by owners of land for:
(1) Malicious or grossly negligent failure to guard or warn against a dangerous condition, structure, personal property which the owner knew or should have known to be dangerous, or negligent failure to guard or warn against an ultrahazardous condition which the owner knew or should have known to be dangerous;
(2) Injury suffered by a person who has paid a charge for entry to the land; or
(3) Injuries occurring on or in:
(a) Any swimming pool.
"Swimming pool"
means a pool or tank, especially an artificial pool or tank, intended and adapted for swimming and held out as a swimming pool;
(b) Any residential area.
"Residential area"
as used in this section means land used for residential purposes in an area in which housing predominates, as opposed to industrial and commercial areas, and any land used for farming or agricultural purposes; or
(c) Any noncovered land.
"Noncovered land"
as used in this section means any portion of any land, the surface of which portion is actually used primarily for commercial, industrial, mining or manufacturing purposes; provided, however, that use of any portion of any land primarily for agricultural, grazing, forestry, conservation, natural area, owner's recreation or similar or related uses or purposes shall not under any circumstances be deemed to be use of such portion for commercial, industrial, mining or manufacturing purposes.
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(L. 1983 S.B. 162 § 4, A.L. 1984 S.B. 580, A.L. 2021 H.B. 369)
CROSS REFERENCE:
Swimming pools, certain pools, refusal to allow disabled persons to wear life jackets, penalty, 577.161
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.349 - Liability of landowner to trespasser, immunity where trespasser under influence of drugs or alcohol — limitations.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 2018, 2 histories
537.349. Liability of landowner to trespasser, immunity where trespasser under influence of drugs or alcohol — limitations. —
A person or legal entity owning or controlling an interest in real property, or an agent of such person or entity, shall not incur any liability for the death of or injury to a trespasser upon the property resulting from or arising by reason of the trespasser's commission of the offense of trespass if the normal faculties of such trespasser are substantially impaired by alcohol or the illegal influence of a controlled substance as defined in section 195.010. The person or entity owning or controlling an interest in such real property shall not be immune from liability if willful and wanton misconduct on the part of such person or entity or agent thereof is the proximate cause of the death of or injury to the trespasser.
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(L. 1991 S.B. 125 & 341 § 3, A.L. 2018 S.B. 608)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.350 - Double damages for throwing down gates and fences — exception.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1939
537.350. Double damages for throwing down gates and fences — exception. —
If any person shall voluntarily throw down or open any doors, bars, gates or fences, and leave the same open or down, other than those that lead into his own enclosure, or shall voluntarily throw down, open or remove any partition fence, without giving six months' written notice to the person owning the adjoining fields, if they are cultivated lands, he shall pay to the party injured the sum of five dollars, and double the amount of damages he shall sustain by reason of such doors, bars, gates and fences having been thrown down or opened, with costs; provided, that this section shall not be construed to apply to fences erected across any watercourse in this state which carries sufficient water to move logs for lumbering purposes, of ten inches or more in diameter, and railroad crossties and piling; provided further, that any corporation, company or individual driving such logs, crossties or piling, or having placed the same in any such stream with the intent to drive or float the same, shall be liable for the actual damages which may result therefrom to any owner of land bordering on any such stream; but this section shall not be construed to include a fence erected across any such stream and not enclosing a farm or plantation, nor where, in any case, it is apparent that such fence was erected across such stream for the mere purpose of hindering the free passage of such logs, crossties or piling, or for the purpose of extorting money from the corporation, company or individual engaged in driving such logs, crossties or piling.
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(RSMo 1939 § 3682)
Prior revisions: 1929 § 3292; 1919 § 4243; 1909 § 5449
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.351 - Trespassers, no duty of care by owners, exception — liability for physical injury or death, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2012
537.351. Trespassers, no duty of care by owners, exception — liability for physical injury or death, when. —
1. Except as provided in subsection 2 of this section, a possessor of real property, including an owner, lessee, or other occupant, or an agent of such owner, lessee, or other occupant, owes no duty of care to a trespasser except to refrain from harming the trespasser by an intentional, willful, or wanton act. A possessor of real property may use justifiable force to repel a criminal trespasser as provided by section 563.074.
2. A possessor of real property may be subject to liability for physical injury or death to a trespasser in the following situations:
(1) If the trespasser is a child who is harmed by a dangerous artificial condition on the land; and
(a) The possessor knew or should have known that children were likely to trespass at the location of the condition;
(b) The condition is one which the possessor knew or reasonably should have known involved an unreasonable risk of death or serious physical injury to such children;
(c) The injured child because of the child's youth did not discover the condition or realize the risk involved in the intermeddling with the condition or in coming within the area made dangerous by the condition;
(d) The utility to the possessor of maintaining the condition and the burden of eliminating the danger were slight as compared with the risk to the child involved; and
(e) The possessor failed to exercise reasonable care to eliminate the danger or otherwise protect the injured child; or
(2) The possessor knew or should have known that trespassers consistently intrude upon a limited area of the possessor's land where the trespasser was harmed, the harm resulted from a dangerous artificial condition on the land; and
(a) The possessor created or maintained the artificial condition that caused the injury;
(b) The possessor knew that the condition was likely to cause death or serious bodily harm to trespassers;
(c) The possessor knew or should have known that the condition was of such a nature that trespassers would not discover it; and
(d) The possessor failed to exercise reasonable care to warn trespassers of the condition and the risk involved; or
(3) If the possessor knew of the trespasser's presence on the land and failed to exercise ordinary care as to active operations carried out on the land.
3. This section does not create or increase the liability of any possessor of real property and does not affect any immunities from or defenses to liability established under state law or available under common law to which a possessor of real property may be entitled under circumstances not covered by this section.
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(L. 2012 S.B. 628)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.353 - Liability for damage or destruction of field crop products, when — court costs awarded, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2007, 2 histories
537.353. Liability for damage or destruction of field crop products, when — court costs awarded, when. —
1. Any person or entity who knowingly damages or destroys any field crop product that is grown for personal or commercial purposes, or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility, a university, or any federal, state or local government agency, shall be liable for double damages pursuant to this section.
2. Notwithstanding the provisions of section 537.340, or the provisions of subsection 1 of this section, any person or entity who negligently commits any of the acts described in subsection 1 of this section shall be liable only for compensatory damages.
3. In awarding damages pursuant to subsections 1 and 2 of this section, the courts shall consider the following:
(1) The market value of the crop prior to damage or destruction; and
(2) The actual damages involving production, research, testing replacement and crop development costs directly related to the crop that has been damaged or destroyed.
4. In addition, the court may award court costs, including reasonable attorneys fees.
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(L. 2001 S.B. 462, A.L. 2007 H.B. 344)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.354 - Prescribed burning act — definitions — immunity from liability, when — inapplicability, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 2021
537.354. Prescribed burning act — definitions — immunity from liability, when — inapplicability, when. —
1. This section shall be known and may be cited as the "Prescribed Burning Act".
2. As used in this section, the following terms mean:
(1)
"Agent of an owner of land"
, any person who has permission from a landowner to participate in a prescribed burning on the landowner's property;
(2)
"Certified prescribed burn manager"
, a person who successfully completes a prescribed burn certification program approved by the Missouri department of conservation;
(3)
"Prescribed burn plan"
, a written plan that is in a format approved by the Missouri department of conservation establishing the conditions and methods to perform a prescribed burning;
(4)
"Prescribed burning"
, the planned and controlled application of fire to existing vegetative fuels in order to accomplish one or more specific land management objectives including, but not limited to, vegetative fuel reduction, silvicultural treatments, wildlife habitat improvement, and management of grassland and other plant communities.
3. No owner of land or agent of an owner of land shall be liable for damage, injury, or loss caused by a prescribed burning or the resulting smoke of a prescribed burning unless the owner of land or agent of an owner of land is proven to be negligent.
4. No certified prescribed burn manager shall be liable for damage, injury, or loss caused by a prescribed burning or the resulting smoke of a prescribed burning conducted under a prescribed burn plan unless the certified prescribed burn manager is proven to be negligent.
5. The provisions of subsections 3 and 4 of this section shall not apply to any damage, injury, or loss caused by a prescribed burning or the resulting smoke from a prescribed burning to any of the following:
(1) Property, lands, rights-of-way, or easements owned by a public utility or municipally owned utility;
(2) Property, lands, rights-of-way, or easements owned by a rural electric cooperative organized or operating under the provisions of chapter 394, or any corporation organized on a nonprofit or cooperative basis as described in subsection 1 of section 394.200, or any electrical corporation operating under a cooperative business plan as described in subsection 2 of section 393.110; or
(3) Property, lands, rights-of-way, or easements appurtenant or incidental to lands controlled by any railroad.
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(L. 2021 H.B. 369)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.355 - Private property, permission by owner to hunt, fish, or recreate, limitation on privilege.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 2008
537.355. Private property, permission by owner to hunt, fish, or recreate, limitation on privilege. —
An owner of land who either directly or indirectly invites or permits without charge any person to use such property for hunting or fishing purposes or other recreational purpose, including but not limited to any aircraft or ultralight vehicle activity, does not thereby:
(1) Confer upon such person the legal status of an invitee or licensee and owes to such person only the duty of care as is owed to a trespasser under the law;
(2) Without the failure to exercise just ordinary care, assume responsibility for or incur liability for any injury to persons or property caused by an act or omission of such persons while hunting or fishing or engaging in other recreational activities, such as operating aircraft or ultralight vehicles;
(3) Without the failure to exercise just ordinary care, assume responsibility for or incur liability for any injury to persons or property, wherever such persons or property are located, caused while hunting or fishing or engaging in other recreational activities, such as operating aircraft or ultralight vehicles.
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(L. 2008 H.B. 2034)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.360 - Single damages only recoverable, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1939
537.360. Single damages only recoverable, when. —
On the trial of any action or prosecution brought upon sections 537.340, 537.350 and 537.370 if it shall appear that the defendant had probable cause to believe that the land on which the trespass is alleged to have been committed, or that the thing so taken, carried away, injured or destroyed, was his own, the plaintiff in the action or prosecution shall receive single damages only, with costs.
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(RSMo 1939 § 3684)
Prior revisions: 1929 § 3294; 1919 § 4245; 1909 § 5451
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.370 - Penalties, how recovered.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1939
537.370. Penalties, how recovered. —
The penalties mentioned in sections 537.340 and 537.350 may be recovered by civil action founded on said sections, or by indictment, or information, at the option of the party injured, in any court having jurisdiction of the same; and when the proceeding is by indictment, such penalties shall be paid into county treasury.
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(RSMo 1939 § 3683)
Prior revisions: 1929 § 3293; 1919 § 4244; 1909 § 5450
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.380 - Fires from railroad engines — damages.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1939
537.380. Fires from railroad engines — damages. —
Each railroad corporation owning or operating a railroad in this state shall be responsible in damages to every person and corporation whose property may be injured or destroyed by fire communicated directly or indirectly by locomotive engines in use upon the railroad owned or operated by such railroad corporation, and each such railroad corporation shall have an insurable interest in the property upon the route of the railroad owned or operated by it, and may procure insurance thereon in its own behalf for its protection against such damages.
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(RSMo 1939 § 5223)
Prior revisions: 1929 § 4766; 1919 § 9954; 1909 § 3151
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.400 - Double damages for willful fires.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1939
537.400. Double damages for willful fires. —
If any person shall willfully set on fire any woods, marshes or prairies whether his own or not, so as thereby to occasion any damage to any other person, such person shall make satisfaction in double damages to the party injured, to be recovered by civil action.
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(RSMo 1939 § 3660)
Prior revisions: 1929 § 3270; 1919 § 4225; 1909 § 5433
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.410 - Damages for backwater caused by boom across stream — attorney's fee.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1939
537.410. Damages for backwater caused by boom across stream — attorney's fee. —
Every corporation, person or association of persons who shall construct a boom across or in any of the streams or waters of this state shall be liable for all damages arising from backwater or overflow caused by the construction of such boom or the accumulation of logs, lumber or other floatables therein, and in all cases where judgment is rendered in any court for any damages occasioned as herein provided, the court shall allow the plaintiff a reasonable attorney's fee, to be taxed as costs in the case.
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(RSMo 1939 § 5486)
Prior revisions: 1929 § 5044; 1919 § 10317; 1909 § 3473
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.420 - Tenant for life or years liable for treble damages for waste.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1939
537.420. Tenant for life or years liable for treble damages for waste. —
If any tenant, for life or years, shall commit waste during his estate or term, of anything belonging to the tenement so held, without special license in writing so to do, he shall be subject to a civil action for such waste, and shall lose the thing wasted and pay treble the amount at which the waste shall be assessed.
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(RSMo 1939 § 1939 § 3003)
Prior revisions: 1929 § 2616; 1919 § 6910; 1909 § 7913
(2002) Presence of liquidated damages clause in lease was not a waiver of right to sue under section and did not constitute implied license for tenant to commit waste. Brizendine v. Conrad, 71 S.W.3d 587 (Mo.banc).
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.430 - Who may sue.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1939
537.430. Who may sue. —
The action may be maintained by one who has the remainder or reversion in fee simple, after an intervening estate for life or years, and also by one who has a remainder or reversion for life or years only; and each of them shall recover such damages as it shall appear that he has suffered by the waste complained of.
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(RSMo 1939 § 3004)
Prior revisions: 1929 § 2617; 1919 § 6911; 1909 § 7914
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.440 - Heirs may sue for waste, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1939
537.440. Heirs may sue for waste, when. —
An heir may bring and maintain an action for waste done in the time of his ancestor, as well as in his own time.
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(RSMo 1939 § 3005)
Prior revisions: 1929 § 2618; 1919 § 6912; 1909 § 7915
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.450 - Tenant holding land after having aliened it liable for waste.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1939
537.450. Tenant holding land after having aliened it liable for waste. —
If a tenant of land commit any waste thereon after he has aliened it while he remains in possession, he shall be liable to the party injured for damages.
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(RSMo 1939 § 3006)
Prior revisions: 1929 § 2619; 1919 § 6913; 1909 § 7916
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.460 - Tenants liable to cotenants, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1939
537.460. Tenants liable to cotenants, when. —
If a tenant in common, joint tenant or parcener commit waste, he shall be liable to his cotenants, jointly or severally, for damages.
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(RSMo 1939 § 3007)
Prior revisions: 1929 § 2620; 1919 § 6914; 1909 § 7917
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.470 - Conservators, liable for waste, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1983
537.470. Conservators, liable for waste, when. —
If a conservator commit waste of the estate of his protectee, he shall be liable to the protectee for damages, at the expiration of his conservatorship.
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(RSMo 1939 § 3008, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 2621; 1919 § 6915; 1909 § 7918
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.480 - What damages recovered for waste.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1939
537.480. What damages recovered for waste. —
Any person who is entitled to such civil action shall recover such damages as it shall appear that he has suffered by the waste complained of.
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(RSMo 1939 § 3009)
Prior revisions: 1929 § 2622; 1919 § 6916; 1909 § 7919
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.490 - Treble damages if waste was wantonly committed.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1939
537.490. Treble damages if waste was wantonly committed. —
If in any action for waste, the jury find that the waste was wantonly committed, judgment shall be entered for three times the amount of the damages assessed.
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(RSMo 1939 § 3010)
Prior revisions: 1929 § 2623; 1919 § 6917; 1909 § 7920
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.500 - Where waste committed pending suit, receiver may take possession.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1939
537.500. Where waste committed pending suit, receiver may take possession. —
If the tenant in possession of any land shall, pending a suit to recover or charge said land, commit any waste thereon, the court in which the suit may be pending may order a receiver to take possession of the land.
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(RSMo 1939 § 3013)
Prior revisions: 1929 § 2626; 1919 § 6920; 1909 § 7923
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.510 - Actions for waste, brought against whom.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1939
537.510. Actions for waste, brought against whom. —
An action for waste may be brought against the representatives of a tenant, or, if instituted in the lifetime of the tenant, it may be revived against his representatives after his death.
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(RSMo 1939 § 3011)
Prior revisions: 1929 § 2624; 1919 § 6918; 1909 § 7921
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.520 - Interest as part of damages.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1939
537.520. Interest as part of damages. —
The jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, give damages, in the nature of interest, over and above the value of the goods at the time of the conversion or seizure.
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(RSMo 1939 § 3657)
Prior revisions: 1929 § 3267; 1919 § 4222; 1909 § 5430
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.523 - Institutional vandalism, civil actions for damages or injunction — attorney fees and costs.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1988
537.523. Institutional vandalism, civil actions for damages or injunction — attorney fees and costs. —
1. Irrespective of any criminal prosecution or the result thereof, any person incurring bodily injury or damage or loss to his property as a result of conduct in violation of section 574.085, 574.090
*
or 574.093
*
shall have a civil action to secure an injunction, damages or other appropriate relief in law or in equity against any and all persons who have violated section 574.085, 574.090
*
or 574.093
*
.
2. In any such action, whether a violation of section 574.085, 574.090
*
or 574.093
*
has occurred shall be determined according to the burden of proof used in other civil actions for similar relief.
3. Upon prevailing in such civil action, the plaintiff may recover:
(1) Both special and general damages; and
(2) Reasonable attorney fees and costs.
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(L. 1988 S.B. 678 § 4)
*Formerly included ethnic intimidation as a result of conduct in violation of sections 574.090 and 574.093 which were repealed by S.B. 328, 1999.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.524 - Injunction and damages for interference with lawful hunting and trapping.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1988
537.524. Injunction and damages for interference with lawful hunting and trapping. —
1. A court may enjoin conduct which would be in violation of section 578.151 or 578.152 upon petition by a person affected or who reasonably may be affected by such conduct, upon a showing that such conduct is threatened or that it has occurred on particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.
2. A court may award damages to any person adversely affected by a violation of section 578.151 or 578.152, which may include an award for punitive damages. In addition to other items of special damage, the measure of damages may include expenditures of the affected person for license and permit fees, travel, guides, special equipment and supplies, to the extent that such expenditures were rendered futile by interference with the lawful hunting or trapping of a wild animal.
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(L. 1988 S.B. 434 & 435 § 4)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.525 - Tampering with computer data, computer equipment, or computer users — damages — attorney fees, certain expenses, awarded when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 1987
537.525. Tampering with computer data, computer equipment, or computer users — damages — attorney fees, certain expenses, awarded when. —
1. In addition to any other civil remedy available, the owner or lessee of the computer system, computer network, computer program, computer service or data may bring a civil action against any person who violates sections 569.095 to 569.099 for compensatory damages, including any expenditures reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program, computer service, or data was not altered, damaged, or deleted by the access.
2. In any action brought pursuant to this section, the court may award reasonable attorney's fees to a prevailing plaintiff.
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(L. 1987 H.B. 208 § 1)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.528 - Actions for damages for conduct or speech at public hearings and meetings to be considered on expedited basis — procedural issues.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 2012, 2 histories
537.528. Actions for damages for conduct or speech at public hearings and meetings to be considered on expedited basis — procedural issues. —
1. Any action against a person for conduct or speech undertaken or made in connection with a public hearing or public meeting, in a quasi-judicial proceeding before a tribunal or decision-making body of the state or any political subdivision of the state is subject to a special motion to dismiss, motion for judgment on the pleadings, or motion for summary judgment that shall be considered by the court on a priority or expedited basis to ensure the early consideration of the issues raised by the motion and to prevent the unnecessary expense of litigation. Upon the filing of any special motion described in this subsection, all discovery shall be suspended pending a decision on the motion by the court and the exhaustion of all appeals regarding the special motion.
2. If the rights afforded by this section are raised as an affirmative defense and if a court grants a motion to dismiss, a motion for judgment on the pleadings or a motion for summary judgment filed within ninety days of the filing of the moving party's answer, the court shall award reasonable attorney fees and costs incurred by the moving party in defending the action. If the court finds that a special motion to dismiss or motion for summary judgment is frivolous or solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney fees to the party prevailing on the motion.
3. Any party shall have the right to an expedited appeal from a trial court order on the special motions described in subsection 2 of this section or from a trial court's failure to rule on the motion on an expedited basis.
4. As used in this section, a
"public meeting in a quasi-judicial proceeding"
means and includes any meeting established and held by a state or local governmental entity, including without limitations meetings or presentations before state, county, city, town or village councils, planning commissions, review boards or commissions.
5. Nothing in this section limits or prohibits the exercise of a right or remedy of a party granted pursuant to another constitutional, statutory, common law or administrative provision, including civil actions for defamation.
6. If any provision of this section or the application of any provision of this section to a person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
7. The provisions of this section shall apply to all causes of actions.
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(L. 2004 S.B. 807 § 537.800, A.L. 2012 S.B. 628)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.550 - Limitation on liability for injury or death at fairs or festivals — signs to be posted, content.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 28 Aug 2004
537.550. Limitation on liability for injury or death at fairs or festivals — signs to be posted, content. —
1. No county, city or village with ten thousand or fewer inhabitants that organizes, sponsors, or conducts any fair, festival, or similar gathering shall be liable, except as provided in sections 537.600 to 537.650, for an injury or death of any person attending the event, and no person attending the event shall make any claim against, or recover from, any such county, city or village for injury, loss, damage, or death of the person attending the event.
2. Each county, city or village governed by this section shall post and maintain signs which contain the warning notice specified in this section. The signs shall be placed in a clearly visible location at major entrances to the event and throughout the event location as determined by the governing authority of the county, city or village. The signs described in this section shall be in black letters on a white background with each letter to be a minimum of one inch in height and contain substantially the following warning notice:
WARNING
Under Missouri law, (enter county, city or village name) is not liable for an injury to or the death of any person resulting from the inherent risks of participating in or observing any activities at this event pursuant to the Revised Statutes of Missouri.
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(L. 2004 H.B. 795, et al).