{"id":"DUT-MO-011","kind":"duty","level":"state","jurisdiction":"Missouri","state":"MO","metro":"","industry":"","agency":"","eco":"","issuer":"Missouri General Assembly, 101st General Assembly, First Regular Session (Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 51 \u0026 42); approved by Governor Michael L. Parson July 7, 2021","authority":"Legislative act amending chapter 537, RSMo (torts and actions for damages)","instrument":"SS#2 SCS SBs 51 \u0026 42 (2021), Truly Agreed To and Finally Passed, enacting RSMo 537.1000, 537.1005, 537.1010, 537.1015, 537.1020 and 537.1035","title":"An Act to amend chapter 537, RSMo, by adding thereto six new sections relating to civil actions","dateIssued":"2021-07-07","effective":"2021-08-28","end":"2025-08-28 (\u0027shall expire four years after the effective date of this act,\u0027 § 537.1035.1)","startDate":"2021-08-28","endDate":"2025-08-28","quarters":["2021Q3"],"types":["COND","DUTY","EMP"],"addressees":["every \u0027individual or entity engaged in businesses, services, activities, or accommodations\u0027 (\u0027any act by an individual or entity, irrespective of whether the act is carried on for profit,\u0027 § 537.1000(1)); health care providers (§ 537.1010); makers and sellers of covered products (§ 537.1015)"],"clause":"no individual or entity... shall be liable in any COVID-19 exposure action unless the plaintiff can prove by clear and convincing evidence that: (1) The individual or entity engaged in recklessness or willful misconduct that caused an actual exposure to COVID-19; and (2) The actual exposure to COVID-19 caused the personal injury of the plaintiff.","enforcement":"Not a penal statute. The condition it states is evidentiary: protection turns on the absence of recklessness or willful misconduct and, for the assumption-of-risk presumption, on posting the statutory warning; the act does not, in terms, condition protection on compliance with public-health guidance, and this record states that exactly","functions":[],"notes":"From August 28, 2021 a Missouri business is liable for a COVID-19 exposure only on clear and convincing proof of recklessness or willful misconduct, with \u0027a rebuttable presumption of an assumption of risk by a plaintiff\u0027 when the business \u0027posts or maintains signs or provides written notice\u0027 in the statutory form \u0027in a clearly visible location at the entrance,\u0027 and with the rule that later-adopted mitigation \u0027policies, practices, or procedures... shall not be considered evidence of liability\u0027 (§ 537.1005.4); before that date no Missouri statute displaced the ordinary negligence standard in exposure suits against employers and occupiers.","sourceUrl":"https://www.senate.mo.gov/21info/pdf-bill/tat/SB51.pdf","snapshot":"","fileExists":true,"fileBytes":370489,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-MO","url":"/library/DUT-MO-011","exhibitUrl":"/exhibit/DUT-MO-011","citation":"Missouri General Assembly, 101st General Assembly, First Regular Session (Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 51 \u0026 42); approved by Governor Michael L. Parson July 7, 2021, SS#2 SCS SBs 51 \u0026 42 (2021), Truly Agreed To and Finally Passed, enacting RSMo 537.1000, 537.1005, 537.1010, 537.1015, 537.1020 and 537.1035 (July 7, 2021) (Ex. DUT-MO-011)","stateName":"Missouri","related":["DUT-MO-012"]}