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Ex. DUT-MO-011 Standing duty Primary source read

SS#2 SCS SBs 51 & 42 (2021), Truly Agreed To and Finally Passed, enacting RSMo 537.1000, 537.1005, 537.1010, 537.1015, 537.1020 and 537.1035

An Act to amend chapter 537, RSMo, by adding thereto six new sections relating to civil actions

Missouri General Assembly, 101st General Assembly, First Regular Session (Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 51 & 42); approved by Governor Michael L. Parson July 7, 2021 · Missouri (State)

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The record

Jurisdiction
Missouri
Level
State
Authority
Legislative act amending chapter 537, RSMo (torts and actions for damages)
Issued
2021-07-07 July 7, 2021
Effective
2021-08-28
End
2025-08-28 ('shall expire four years after the effective date of this act,' § 537.1035.1) (read as 2025-08-28)
In force
Aug. 28, 2021 to Aug. 28, 2025
Quarters
2021 Q3
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • every 'individual or entity engaged in businesses, services, activities, or accommodations' ('any act by an individual or entity, irrespective of whether the act is carried on for profit,' § 537.1000(1)); health care providers (§ 537.1010); makers and sellers of covered products (§ 537.1015)
Character
liability shield condition
Collection
Standing duties: Missouri DUT-MO

Operative words

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.

Penalty

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

What it required

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 'a rebuttable presumption of an assumption of risk by a plaintiff' when the business 'posts or maintains signs or provides written notice' in the statutory form 'in a clearly visible location at the entrance,' and with the rule that later-adopted mitigation 'policies, practices, or procedures... shall not be considered evidence of liability' (§ 537.1005.4); before that date no Missouri statute displaced the ordinary negligence standard in exposure suits against employers and occupiers.

Retrieval note

The Truly Agreed To and Finally Passed text from the Missouri Senate's server (370,489 bytes; bill number 0961S.08T). Approval date verified on the Missouri House's Bill Actions page for SB 51 (2021 Regular Session): 'Delivered to Governor 7/07/2021; Approved by Governor (G) 7/07/2021.' Effective date verified from the Revisor's history line for § 537.1005 ('L. 2021 S.B. 51 & 42... effective 28 Aug 2021,' Ex. DUT-MO-012). Section 537.1035.3 creates a statutory cause of action 'replacing any such common law cause of action' and preempting State law 'related to the recovery for personal injuries caused by actual, alleged, feared, or potential for exposure to COVID-19' from the effective date. Missouri enacted no 2020 liability shield and the Governor issued no liability-shield executive order; for 2020 Q2 through the end of 2021 Q2 and the first fifty-eight days of 2021 Q3, the ordinary negligence standard, measured against the orders and the guidance they incorporated, governed every exposure claim against a Missouri employer or occupier of premises.