reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.555 - No civil liability for forcible entry into a vehicle for purpose of removing an unsupervised minor, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
Effective - 01 Jul 2016, see footnote
537.555. No civil liability for forcible entry into a vehicle for purpose of removing an unsupervised minor, when. —
1. A person shall
*
not be held civilly liable for damages resulting from the forcible entry into a vehicle for the purpose of removing an unsupervised minor if such person:
(1) Determines that the vehicle is locked or there is no other reasonable method for removing the minor from the vehicle;
(2) Has a good faith belief that forcible entry into the vehicle is necessary because the minor is in imminent danger of suffering harm if not immediately removed from the vehicle;
(3) Contacts emergency response personnel including any firefighter, emergency medical technician, law enforcement officer, registered nurse, physician, or first responder prior to forcibly entering the vehicle;
(4) Remains with the minor at a safe location reasonably close to the vehicle until emergency response personnel arrives; and
(5) Uses no more force to enter the vehicle and remove the minor from the vehicle than was necessary under the circumstances.
2. Nothing in this section shall provide immunity from civil liability for actions to aid a minor in addition to what is authorized by this section.
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(L. 2016 H.B. 1649)
Effective 7-01-16
*Word "be" appears here in original rolls.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.602 - Supervision of community service work, immunity from liability, when — definitions — community service work not deemed employment and worker not an employee.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2014
537.602. Supervision of community service work, immunity from liability, when — definitions — community service work not deemed employment and worker not an employee. —
1. As used in this section the following terms shall mean:
(1)
"Community service work"
, any work which is performed without compensation and is required in exchange for deferred prosecution of any criminal charge by any federal, state, or local prosecutor under a written agreement;
(2)
"Entity"
, includes any person, for-profit or not-for-profit business, agency, group, charity, organization, or any unit of federal, state, or local government or any of their employees.
2. Any entity which supervises community service work performed as a requirement for deferment of any criminal charge under a written agreement with a federal, state, or local prosecutor, or any entity which derives benefits from the performance of community service work shall be immune from any suit by the person performing the community service work or by any person deriving a cause of action from the person performing the community service work if that cause of action arises from the supervision of the work performed, except that the entity supervising the work shall not be immune from any suit for gross negligence or for an intentional tort.
3. Community service work shall not be deemed employment within the meaning of the provisions of chapter 288 and a person performing community service work under the provisions of this section shall not be deemed an employee within the meaning of the provisions of chapter 287.
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(L. 2014 H.B. 1231)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.615 - Liability of state increase to apply, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1999
537.615. Liability of state increase to apply, when. —
The provisions of this act
*
increasing the liability of the state and its public entities shall only be applied to those causes of action that accrue on or after January 1, 2000.
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(L. 1999 S.B. 295 & 46 § 1)
*"This act" (S.B. 295 & 46, 1999) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.620 - Political subdivisions may jointly create entity to provide insurance — entity created not deemed an insurance company or insurer.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2021, 3 histories
537.620. Political subdivisions may jointly create entity to provide insurance — entity created not deemed an insurance company or insurer. —
Notwithstanding any direct or implied prohibitions in chapter 375, 377, or 379, any three or more political subdivisions of this state may form a business entity for the purpose described in section 320.400 or for the purpose of providing liability and all other insurance, including insurance for elderly or low-income housing in which the political subdivision has an insurable interest, for any of the subdivisions upon the assessment plan as provided in sections 537.600 to 537.650. Any public governmental body or quasi-public governmental body, as defined in section 610.010, and any political subdivision of this state or any other state may join this entity and use public funds to pay any necessary assessments. Except for being subject to the regulation of the director of the department of commerce and insurance under sections 375.930 to 375.948, sections 375.1000 to 375.1018, and sections 537.600 to 537.650, any such business entity shall not be deemed to be an insurance company or insurer under the laws of this state, and the coverage provided by such entity and the administration of such entity shall not be deemed to constitute the transaction of an insurance business. Risk coverages procured under this section shall not be deemed to constitute a contract, purchase, or expenditure of public funds for which a public governmental body, quasi-public governmental body, or political subdivision is required to solicit competitive bids.
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(L. 1978 H.B. 1650 § 3, A.L. 1988 S.B. 532, A.L. 1999 S.B. 28, A.L. 2006 H.B. 1703, A.L. 2011 S.B. 57, A.L. 2021 S.B. 45)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.625 - Procedure to form insurance entity.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 02 Jun 1988, see footnote
537.625. Procedure to form insurance entity. —
1. Any group of subdivisions desiring to provide liability and all other insurance for its members shall pay a license fee of one hundred dollars and file articles of association with the director of the department of commerce and insurance. The articles shall be filed in accordance with the provisions of sections 375.201 to 375.236. The articles shall include the names of the political subdivisions initially associated, the method by which other subdivisions may be admitted to the association as members, the purposes for which organized, the amount of the initial assessment which is to be paid into the association, the method of assessment thereafter and the maximum amount of any assessment which the association may make against any member. The articles of association shall provide for bylaws and for the amendment of the bylaws and the articles of association.
2. Each association shall designate and maintain a registered agent within this state. Service upon the agent is service upon the association and each of its members.
3. The articles of association shall be accompanied by a copy of the initial bylaws of the association. The bylaws shall provide for a governing body for the association, a manner of election thereof, the manner in which assessments will be made, the specific kinds of insurance or indemnification which will be offered, the classes of membership which will be offered, and may provide that assessments of various amounts for particular classes of membership may be made. All assessments shall be uniform within classes. The bylaws may provide for the transfer of risks to other insurance companies or for reinsurance.
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(L. 1978 H.B. 1650 § 4, A.L. 1988 S.B. 532)
Effective 6-02-88
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.630 - Director to approve articles and issue license.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1978
537.630. Director to approve articles and issue license. —
The director of the department of commerce and insurance shall, within thirty days after the articles of association are filed with him, determine if the proposed association meets the requirements of sections 537.600 to 537.650. If it does, he shall issue a license to the association authorizing it to do business for a one-year period.
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(L. 1978 H.B. 1650 § 5)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.635 - Entity to be treated as corporation — not to produce profit — may pay dividends, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1999
537.635. Entity to be treated as corporation — not to produce profit — may pay dividends, when. —
The association may, on the seventh day thereafter, commence to do business. The association shall be a body corporate, and shall do business as a corporation. No member of the association shall be liable for any amounts because of his or her membership in the association other than his or her assessments as provided in the articles of association and the bylaws of the association. The business of the association shall be conducted so as to preclude any distribution of income, profit or property of the association to the individual members thereof except in payment of claims or indemnities or upon the final dissolution of the association, but the association may pay dividends to its members as long as the association has a positive surplus both before and after any such dividend is declared.
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(L. 1978 H.B. 1650 § 6, A.L. 1999 S.B. 28)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.640 - Director to examine — renewal license fee — amendments to articles.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2006
537.640. Director to examine — renewal license fee — amendments to articles. —
1. The director of the department of commerce and insurance shall be authorized in accordance with section 374.205 to examine into the affairs of any association organized under the provisions of sections 537.620 to 537.650 and may, in accordance with section 374.045, make such rules and regulations as may be necessary for the execution of the functions vested in him. Annually thereafter, within thirty days before the expiration of its license, each association shall pay a renewal license fee of one hundred dollars and shall file a statement with the director of the department of commerce and insurance giving a report of its activities for the preceding year.
2. Any existing association shall also, at the time it files for renewal of its license, file any amendments to its articles of association or bylaws which have been adopted in the preceding year.
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(L. 1978 H.B. 1650 § 7, A.L. 2006 H.B. 1703)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.645 - Director may take charge of entity, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1978
537.645. Director may take charge of entity, when. —
If at any time any association fails or refuses to pay any claim finally adjudged to be due pursuant to the provisions of its articles of association and bylaws, or if the director of the department of commerce and insurance determines that the association is unable to satisfy its contractual obligations, he shall immediately take charge of the association, its assets and affairs, and wind up same as now provided by law in the case of life insurance companies.
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(L. 1978 H.B. 1650 § 8)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.650 - Premium tax not required.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1978
537.650. Premium tax not required. —
No association organized pursuant to the provisions of sections 537.620 to 537.650 shall be required to pay any premium tax in connection with the conduct of its business.
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(L. 1978 H.B. 1650 § 9)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.681 - Eligibility requirements — waiver of certain requirements, when — incarcerated victim, procedure.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2001
537.681. Eligibility requirements — waiver of certain requirements, when — incarcerated victim, procedure. —
1. The following persons shall be eligible for compensation pursuant to sections 537.675 to 537.693:
(1) An uncompensated tort victim; and
(2) In the case of the death of the uncompensated tort victim as a direct result of the tort:
(a) The class of persons identified in subsection 1 of section 537.080; and
(b) Any relative of the uncompensated tort victim who legally assumes the obligation for, or who has incurred medical or burial expenses as a direct result of the tort at issue.
2. An uncompensated tort victim that is found personally liable on a cross-complaint of tort, or found to have been contributorily or comparatively negligent, shall only be eligible to receive compensation to the extent of the favorable net amount awarded by the judge or jury. No uncompensated tort victim or other eligible claimant shall be denied compensation solely because such person is a relative of the tort-feasor or was living with the tort-feasor as a family or household member at the time of the injury or death. The division, however, may award compensation to a victim or other eligible claimant only if the division can reasonably determine that the tort-feasor will receive no substantial economic benefit or unjust enrichment from the compensation.
3. The division may waive the requirements of paragraph (e) of subdivision (5) of subsection 1 of section 537.675 if it determines that the interest of justice would be served by doing so.
4. In the case of an uncompensated tort victim or other eligible claimant who is incarcerated as a result of a conviction of a crime not related to the incident which is the basis for the claimant's application:
(1) The division shall suspend all proceedings and payments until such time as the uncompensated tort victim or other eligible claimant is released from incarceration;
(2) The division shall notify the claimant at the time the proceedings are suspended of the right to reactivate the claim within six months of his or her release from incarceration;
(3) The uncompensated tort victim or other eligible claimant may file an application to request that the case be reactivated not later than six months after the date he or she is released from incarceration. Failure to file such request within the six-month period shall serve as a bar to any recovery.
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(L. 2001 H.B. 107)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.687 - Medical records submitted, when — violation, penalty.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2001
537.687. Medical records submitted, when — violation, penalty. —
1. Upon request by the division for verification of injuries of victims, a medical provider shall submit medical records and other information requested by the division. Any costs to the claimant for obtaining and providing such information may be submitted as part of the claim.
2. Failure to submit the information as required by this section shall be an infraction.
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(L. 2001 H.B. 107)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.690 - Petition for review of a decision by the division filed with commission — judicial review permitted, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2001
537.690. Petition for review of a decision by the division filed with commission — judicial review permitted, when. —
1. Any of the parties to a decision of the division on a claim heard under the provisions of sections 537.675 to 537.693 may, within thirty days following the date of notification or mailing of such decision, file a petition with the labor and industrial relations commission to have the decision reviewed by the commission. The commission may allow or deny a petition for review. If a petition is allowed, the commission may affirm, reverse or set aside the decision of the division on the basis of the evidence previously submitted in such case or may take additional evidence or may remand the matter to the division with directions. The commission shall promptly notify the parties of its decision and the reasons therefor.
2. Any petition for review filed pursuant to subsection 1 of this section shall be deemed to be filed as of the date endorsed by the United States Postal Service on the envelope or container in which such petition is received.
3. Any party who is aggrieved by a final decision of the commission entered pursuant to the provisions of subsections 1 and 2 of this section may seek judicial review thereof by appealing, within twenty days of a final decision to the appellate court having jurisdiction in the area where the appellant resides. In such proceedings the attorney general, on behalf of the tort victims' compensation fund, shall defend the decision of the commission. The commission shall not be a party in such actions.
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(L. 2001 H.B. 107)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.700 - Public entity risk management fund established — definitions — who may participate.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 20 Jun 1986, see footnote
537.700. Public entity risk management fund established — definitions — who may participate. —
1. There is hereby created the "Missouri Public Entity Risk Management Fund", which shall be a body corporate and politic. The board of trustees of this fund shall have the powers and duties specified in sections 537.700 to 537.755 and such other powers as may be necessary or proper to enable it, its officers, employees and agents to carry out fully and effectively all the purposes of sections 537.700 to 537.755.
2. Unless otherwise clearly indicated by the context, the following words and terms as used in sections 537.700 to 537.755 mean:
(1)
"Board"
, the board of trustees of the Missouri public entity risk management fund;
(2)
"Fund"
, the Missouri public entity risk management fund established by subsection 1 of this section;
(3)
"Public entity"
, any city, county, township, village, town, municipal corporation, school district, special purpose or taxing district, or any other local public body created by the general assembly.
3. Any public entity may participate in the Missouri public entity risk management fund and use public funds to pay any assessment made in conjunction with the fund.
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(L. 1986 H.B. 1435 & 1461)
Effective 6-20-86
(2021) Hybrid entity as established by General Assembly does not perform a government function and is not directly answerable to the public; thus, it is not enough like a public entity to receive sovereign immunity. Estes as Next Friend for Doe v. Board of Trustees of Missouri Public Entity Risk Management Fund, 623 S.W.3d 678 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.710 - Board of trustees established — members, appointment, qualifications, terms, liability limited.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 20 Jun 1986, see footnote
537.710. Board of trustees established — members, appointment, qualifications, terms, liability limited. —
1. There is hereby established a "Board of Trustees" of the Missouri public entity risk management fund which shall consist of the attorney general, the commissioner of administration and four members, appointed by the governor with the advice and consent of the senate, who are officers or employees of those public entities participating in the fund. No more than two members appointed by the governor shall be of the same political party. The members appointed by the governor shall serve four-year terms, except that the original appointees shall be appointed for the following terms: One for one year, one for two years, one for three years, and one for four years. Any vacancies occurring on the board shall be filled in the same manner. In appointing the initial board of trustees the governor may anticipate which public entities will participate in the fund, and the appointees may serve the terms designated herein, unless they sooner resign or are removed in accordance with law.
2. No trustee shall be liable personally in any way with respect to claims made against the fund or against entities or individuals covered by the fund.
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(L. 1986 H.B. 1435 & 1461)
Effective 6-20-86
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.715 - Board of trustees — officers.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 20 Jun 1986, see footnote
537.715. Board of trustees — officers. —
1. The board shall elect one of their members as chairman. He shall preside over meetings of the board and perform such other duties as shall be required by action of the board.
2. The chairman shall appoint another board member as vice chairman, and the vice chairman shall perform the duties of the chairman in the absence of the latter or upon his inability or refusal to act.
3. The board shall appoint a secretary who shall have charge of the offices and records of the fund, subject to the direction of the board.
4. Any summons or writ issued by the courts of the state shall be served upon the chairman, or, in his absence, on the vice chairman, or upon a registered agent which the board shall designate.
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(L. 1986 H.B. 1435 & 1461)
Effective 6-20-86
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.720 - Board, meetings — quorum — expenses.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 20 Jun 1986, see footnote
537.720. Board, meetings — quorum — expenses. —
1. The board shall meet in Jefferson City, Missouri, upon the written call of the chairman or by the agreement of any three members of the board. Notice of the meeting shall be delivered to all other trustees in person or by depositing notice in a United States post office in a properly stamped and addressed envelope not less than six days prior to the date fixed for the meeting. The board may meet at any time by unanimous mutual consent. There shall be at least one meeting in each quarter.
2. Four trustees shall constitute a quorum for the transaction of business, and any official action of the board shall be based on a majority vote of the trustees present.
3. The trustees shall serve without compensation but shall receive from the fund their actual and necessary expenses incurred in the performance of their duties for the board.
4. Duties performed for the fund by any member of the board who is an employee of a public entity shall be considered duties in connection with the regular employment of such individual, and he shall suffer no loss in regular compensation by reason of the performance of such duties.
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(L. 1986 H.B. 1435 & 1461)
Effective 6-20-86
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.725 - Board — records — reports — principal office — seal.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 20 Jun 1986, see footnote
537.725. Board — records — reports — principal office — seal. —
1. The board shall keep a complete record of all its proceedings.
2. A statement covering the operations of the fund for the year, including income and disbursements, and of the financial condition of the fund at the end of the year, showing the valuation and appraisal of its assets and liabilities, as of July first, shall each year be delivered to the governor and be made readily available to public entities.
3. The principal office of the fund shall be in Jefferson City, Missouri. The fund shall have a seal inscribed "Missouri Public Entity Risk Management Fund", which shall be in the custody of its secretary. The courts of this state shall take judicial notice of the seal. All copies of records, books, and written instruments which are kept in the office of the fund and are certified by the secretary under the seal shall be proved or admitted in any court or proceeding as provided in section 109.130.
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(L. 1986 H.B. 1435 & 1461)
Effective 6-20-86
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.730 - Board — duties — rulemaking authority — subpoena power — prohibited activities.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1993
537.730. Board — duties — rulemaking authority — subpoena power — prohibited activities. —
1. The general administration of, and responsibility for, the proper operation of the fund, including all decisions relating to payments from the fund, are hereby vested in the board of trustees.
2. The board shall determine and prescribe all rules, regulations, coverages to be offered, forms and rates to carry out the purposes of sections 537.700 to 537.755.
3. The board shall have the power to subpoena witnesses or obtain the production of records when necessary for the performance of its duties.
4. Subject to the provisions of the constitution and sections 537.700 to 537.755, the board shall have exclusive jurisdiction and control over the funds and property of the fund.
5. No trustee or staff member of the fund shall receive any gain or profit from any moneys or transactions of the fund.
6. Any trustee or staff member accepting any gratuity or compensation for the purpose of influencing his action with respect to the investment of the funds of the system or in the operations of the fund shall forfeit his office and in addition shall be subject to the penalties prescribed in section 576.020.
7. The board shall have the authority to use moneys from the fund to purchase one or more policies of insurance or reinsurance to cover the liabilities of participating public entities which are covered by the fund.
8. If such insurance can be procured, the board shall have the authority to procure insurance covering participating public entities and their officers and employees for amounts in excess of the amount specified by section 537.756 per occurrence for liabilities covered by the fund. The costs of such insurance shall be considered in determining the contribution of each public entity.
9. The board shall have the authority to use moneys from the fund to assist participating entities in assessing and reducing the risk of liabilities which may be covered by the fund.
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(L. 1986 H.B. 1435 & 1461, A.L. 1993 S.B. 88)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.735 - Fund account, how maintained.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 20 Jun 1986, see footnote
537.735. Fund account, how maintained. —
1. The board shall set up and maintain a Missouri public entity risk management fund account in which shall be placed all contributions, premiums, and income from all sources. All property, money, funds, investments, and rights which shall belong to, or be available for expenditure or use by, the fund shall be dedicated to and held in trust for the purposes set out in sections 537.700 to 537.755 and no other. The board shall have power, in the name of and on behalf of the fund, to purchase, acquire, hold, invest, lend, lease, sell, assign, transfer, and dispose of all property, rights, and securities, and enter into written contracts, all as may be necessary or proper to carry out the purposes of section 537.700 or 537.755.
2. All moneys received by or belonging to the fund shall be paid to the secretary and deposited by him to the credit of the fund in one or more banks or trust companies. No such money shall be deposited in or be retained by any bank and trust company which does not have on deposit with the board at the time the kind and value of collateral required by section 30.270 for depositories of the state treasurer. The secretary shall be responsible for all funds, securities, and property belonging to the fund, and shall give such corporate surety bond for the faithful handling of the same as the board shall require.
3. So far as practicable, the funds and property of the fund shall be kept safely invested so as to earn a reasonable return. The board may invest the funds of the fund as permitted by the laws of Missouri relating to the investment of the capital, reserve, and surplus funds of casualty insurance companies organized under the laws of Missouri.
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(L. 1986 H.B. 1435 & 1461)
Effective 6-20-86
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.740 - Insufficient contributions, assessment, abatement, deferral — retroactive application.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1999
537.740. Insufficient contributions, assessment, abatement, deferral — retroactive application. —
1. If contributions to the fund do not produce sufficient funds to pay any claims which may be due, the board shall assess and each member, including any member who has withdrawn but was a member in the year in which the assessment is required, shall pay such additional amounts which are each member's proportionate share of total claims allowed and due. The board may abate or defer any part of the additional assessment of a member, if, in the opinion of the board, payment of the additional assessment would impair the ability of the member to fulfill its contractual obligations. The provisions of this subsection shall apply retroactively to the creation of the Missouri public entity risk management fund.
2. The board, in order to carry out the purposes for which the fund is established, may select and employ, or contract with, persons experienced in insurance underwriting, accounting, the servicing of claims, and rate making, who shall serve at the board's pleasure, as technical advisors in establishing the annual contribution, or may call upon the director of the department of commerce and insurance for such services.
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(L. 1986 H.B. 1435 & 1461, A.L. 1993 S.B. 88, A.L. 1999 S.B. 295 & 46)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.745 - Construction of provisions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 20 Jun 1986, see footnote
537.745. Construction of provisions. —
1. Nothing in sections 537.700 to 537.755, shall be construed to broaden or restrict the liability of the public entities participating in the fund beyond the provisions of sections 537.600 to 537.610, nor to abolish or waive any defense at law which might otherwise be available to any public entity or its officers and employees.
2. All persons and entities protected by the fund shall cooperate with those persons responsible for conducting any investigation and preparing any defense under the provisions of sections 537.700 to 537.755, by assisting such persons in all respects, including the making of settlements, the securing and giving of evidence, and the attending and obtaining witnesses to attend hearings and trials.
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(L. 1986 H.B. 1435 & 1461)
Effective 6-20-86
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.750 - Exhaustion of fund, claims to be prorated.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 20 Jun 1986, see footnote
537.750. Exhaustion of fund, claims to be prorated. —
1. If the fund will be exhausted by the payment of all judgments and claims allowed during a particular fiscal year, amounts paid to each claimant or person obtaining a judgment shall be prorated, with each person receiving an amount equal to the percentage his own payment bears to the total of claims and judgments outstanding and payable from the fund. Any amounts due and unpaid as a result of such proration shall be paid in the following fiscal year.
2. If, at the end of any fiscal year, the fund has a balance exceeding projected needs, and adequate reserves, the board may in its discretion refund on a pro rata basis to all participating public entities an amount based on the contributions of the public entity for the immediately preceding year.
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(L. 1986 H.B. 1435 & 1461)
Effective 6-20-86
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.755 - Fund money not available for certain purposes, exception.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 02 Jun 1988, see footnote
537.755. Fund money not available for certain purposes, exception. —
1. Except as provided in subsection 3 of this section, moneys in the Missouri public entity risk management fund shall not be available to pay the following:
(1) Claims made under chapter 287;
(2) Fines or penalties threatened or imposed for violation of any civil or criminal statute, administrative regulation or county or municipal ordinance;
(3) Attorney's fees and expenses incurred in the defense of charges that criminal statutes or county or municipal ordinances were violated;
(4) Claims against any participating public entity or officer or employee of a participating public entity which were brought by or rendered in favor of any participating public entity or officer or employee of a participating public entity acting in an official capacity;
(5) Claims against those who are independent contractors with a participating public entity, its officers or employees;
(6) Claims against participating public entities, its officers or employees who fail to cooperate with the persons conducting any investigation and preparing any defense as required by section 537.745.
2. No payment shall be made from the fund or any policy of insurance procured by the fund unless and until the benefits provided to pay the claim by any other policy of liability insurance have been exhausted.
3. The fund may be available to pay claims on behalf of public entities to whom or to which a public entity participating in the Missouri public entity risk management fund is obligated by virtue of a written contract to provide coverage such as is afforded in the contract, consistent with rules promulgated by the board of trustees of the Missouri public entity risk management fund.
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(L. 1986 H.B. 1435 & 1461, A.L. 1988 S.B. 532)
Effective 6-02-88
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.756 - Maximum amount payable from fund — how calculated.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 1999
537.756. Maximum amount payable from fund — how calculated. —
1. The maximum amount which may be paid from the fund, as defined in section 537.700, for the payment and settlement of claims arising out of any single occurrence, is two million dollars.
2. The limitation on awards for liability provided for in this section shall be increased or decreased on an annual basis effective January first of each year in accordance with the Implicit Price Deflator for Personal Consumption Expenditures as published by the Bureau of Economic Analysis of the United States Department of Commerce. The current value of the limitation shall be calculated by the director of the department of commerce and insurance, who shall furnish that value to the secretary of state, who shall publish such value in the Missouri Register as soon after each January first as practicable, but it shall otherwise be exempt from the provisions of section 536.021.
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(L. 1989 H.B. 161 § 1, A.L. 1993 S.B. 88, A.L. 1999 S.B. 295 & 46)
CROSS REFERENCE:
Liability of state and public entities, increases to be effective on certain causes of actions, when, 537.615
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.760 - Products liability claim defined.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 01 Jul 1987, see footnote
537.760. Products liability claim defined. —
As used in sections 537.760 to 537.765, the term
"products liability claim"
means a claim or portion of a claim in which the plaintiff seeks relief in the form of damages on a theory that the defendant is strictly liable for such damages because:
(1) The defendant, wherever situated in the chain of commerce, transferred a product in the course of his business; and
(2) The product was used in a manner reasonably anticipated; and
(3) Either or both of the following:
(a) The product was then in a defective condition unreasonably dangerous when put to a reasonably anticipated use, and the plaintiff was damaged as a direct result of such defective condition as existed when the product was sold; or
(b) The product was then unreasonably dangerous when put to a reasonably anticipated use without knowledge of its characteristics, and the plaintiff was damaged as a direct result of the product being sold without an adequate warning.
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(L. 1987 H.B. 700 § 33)
Effective 7-01-87
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.762 - Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure — order of dismissal to be interlocutory.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2019, 2 histories
537.762. Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure — order of dismissal to be interlocutory. —
1. A defendant whose liability is based solely on his status as a seller in the stream of commerce may be dismissed from a products liability claim as provided in this section.
2. This section shall apply to any products liability claim in which another defendant, including the manufacturer, is properly before the court and from whom total recovery may be had for plaintiff's claim.
3. A defendant may move for dismissal under this section within the time for filing an answer or other responsive pleading unless permitted by the court at a later time for good cause shown. The motion shall be accompanied by an affidavit which shall be made under oath and shall state that the defendant is aware of no facts or circumstances upon which a verdict might be reached against him, other than his status as a seller in the stream of commerce.
4. The parties shall have sixty days in which to conduct discovery on the issues raised in the motion and affidavit. The court for good cause shown, may extend the time for discovery, and may enter a protective order pursuant to the rules of civil procedure regarding the scope of discovery on other issues.
5. Any party may move for a hearing on a motion to dismiss under this section. If the requirements of subsections 2 and 3 of this section are met, and no party comes forward at such a hearing with evidence of facts which would render the defendant seeking dismissal under this section liable on some basis other than his status as a seller in the stream of commerce, the court shall dismiss without prejudice the claim as to that defendant.
6. An order of dismissal under this section shall be interlocutory until final disposition of plaintiff's claim by settlement or judgment and may be set aside for good cause shown at anytime prior to such disposition.
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(L. 1987 H.B. 700 § 34, A.L. 2019 S.B. 7)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.764 - State of the art, defined — affirmative defense in cases of strict liability for failure to warn — burden of proof on party asserting defense — action for negligence, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 01 Jul 1987, see footnote
537.764. State of the art, defined — affirmative defense in cases of strict liability for failure to warn — burden of proof on party asserting defense — action for negligence, when. —
1. As used in this section,
"state of the art"
means that the dangerous nature of the product was not known and could not reasonably be discovered at the time the product was placed into the stream of commerce.
2. The state of the art shall be a complete defense and relevant evidence only in an action based upon strict liability for failure to warn of the dangerous condition of a product. This defense shall be pleaded as an affirmative defense and the party asserting it shall have the burden of proof.
3. Nothing in this section shall be construed as limiting the rights of an injured party to maintain an action for negligence whenever such a cause of action would otherwise exist.
4. This section shall not be construed to permit or prohibit evidence of feasibility in products liability claims.
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(L. 1987 H.B. 700 § 35)
Effective 7-01-87
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.765 - Contributory fault as complete bar to plaintiff's recovery abolished — doctrine of comparative fault to apply — fault of plaintiff an affirmative defense to diminish damages — fault defined.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 01 Jul 1987, see footnote
537.765. Contributory fault as complete bar to plaintiff's recovery abolished — doctrine of comparative fault to apply — fault of plaintiff an affirmative defense to diminish damages — fault defined. —
1. Contributory fault, as a complete bar to plaintiff's recovery in a products liability claim, is abolished. The doctrine of pure comparative fault shall apply to products liability claims as provided in this section.
2. Defendant may plead and prove the fault of the plaintiff as an affirmative defense. Any fault chargeable to the plaintiff shall diminish proportionately the amount awarded as compensatory damages but shall not bar recovery.
3. For purposes of this section,
"fault"
is limited to:
(1) The failure to use the product as reasonably anticipated by the manufacturer;
(2) Use of the product for a purpose not intended by the manufacturer;
(3) Use of the product with knowledge of a danger involved in such use with reasonable appreciation of the consequences and the voluntary and unreasonable exposure to said danger;
(4) Unreasonable failure to appreciate the danger involved in use of the product or the consequences thereof and the unreasonable exposure to said danger;
(5) The failure to undertake the precautions a reasonably careful user of the product would take to protect himself against dangers which he would reasonably appreciate under the same or similar circumstances; or
(6) The failure to mitigate damages.
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(L. 1987 H.B. 700 § 36)
Effective 7-01-87
(1993) Where skier suffered head injury while using an experts-only ski that was unreasonably dangerous for skier of plaintiff's ability, skier did not assume risk by using dangerous ski because defendant failed to warn against added danger and unpredictability caused by ski design. Hopfinger v. Kidder International, Inc., 827 F.Supp. 1444 (W.D. Mo.).
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.785 - Citation of law — definitions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2018
537.785. Citation of law — definitions. —
1. Sections 537.785 and 537.787 may be referred to and cited as the "Business Premises Safety Act".
2. As used in sections 537.785 and 537.787, the following terms mean:
(1)
"Business"
, any commercial or agricultural enterprise including, but not limited to, sales, services, manufacturing, food service, entertainment, property management or leasing company, or any other entity, whether for profit or not for profit, which owns, operates, or leases property that is open to the public, whether for charge or free of charge, and includes all employees and agents thereof. The term "business" shall not include commercial residential or lodging operations;
(2)
"Criminal act"
, those offenses specified under chapters 565 to 571;
(3)
"Harmful act"
, an intentional or reckless offensive bodily contact with another person that has resulted in injury;
(4)
"Injury"
, any personal injury including, but not limited to, physical injury, sickness, disease, or death and all damages resulting therefrom including, but not limited to, medical expenses, wage loss, and loss of services;
(5)
"Person"
, any individual who is lawfully on the premises, without regard to the person's status as an invitee or licensee. The term "person" shall not include employees or agents of the business;
(6)
"Premises"
, real property in the possession of and under the control of a business;
(7)
"Reasonable security measures"
, those precautions that a reasonable business owner in such industry would implement in a particular area of the premises to guard against criminal acts or harmful acts based on the condition of the premises and the cost of implementing such precautions.
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(L. 2018 S.B. 608)