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Tort Law

HB 1043 & HB 1165 – Child safety restraints. Alters provisions relating to child safety restraints. States that failure to employ a child passenger restraint system does not provide the basis for a claim of civil liability or negligence or contributory negligence of any person in any action for damages when a child is injured. States that the failure to employ child passenger restraint system is not admissible as evidence in the trial of any civil action. Provides for penalties for violation of the law.

HB 1046 – Medical malpractice insurance premiums. (See Insurance Law)

HB 1082 – Healthcare liens. (See Health and Hospital Law)

HB 1087 – Medical malpractice and professional negligence insurance. (See Insurance Law)

HB 1103 – No retreat law / Use of deadly force. (See Judicial Administration)

HB 1115 – Liability protection for school employees. (See Education/School Law)

HB 1118 – Immunity for health care providers in declared emergencies. Expands immunity from civil damages for health care providers deployed in an emergency who are licensed, registered, or certified in any adjoining state.

HB 1155 – Limits recovery for noneconomic damages. (See Insurance Law)

HB 1216 – Reduction of damages for failure to wear a safety belt. Allows the trier of fact to reduce a plaintiff’s recovery by an amount not to exceed 50 percent if the trier of fact finds that the plaintiff’s failure to wear a safety belt contributed to the plaintiff’s claimed injuries.

HB 1235 - Tort liability for conduct arising out of work. Revises law on liability for torts by providing that no employee of a state agency or a political subdivision of the state is personally liable for acts performed in connection with their official duties.

HB 1286 – Release of employee job related information. (See Labor/Employment Law)

HB 1345 – Small Claims Court. (See Judicial Administration)

HB 1352 – Cardiac defibrillators. Requires placement of automated external cardiac defibrillators in each high school and at school athletic events. States that a person operating the device and the school or school district will not be liable for any damages resulting from its use under certain conditions specified in the bill.

HB 1353 – Redefines public entities. Adds not-for-profit organizations that provide or contract for ambulance services under the authority of a municipality to the definition of “public entity” in the laws regarding sovereign immunity.

HB 1374 – Civil Liability of landowners. Changes the restrictions regarding the liability of a landowner who invites or permits persons to use the land for recreational purposes to include state-administered recreational access programs.

HB 1375 – Use of defensive force. (See Criminal Law)

HB 1414 – Third party coverage for spouses or children. (See Insurance Law)

HB 1415 – Limits liability of the state in tort actions. Limits the liability for any claim against the state or its public entities and employees involving a motor vehicle operated within the scope of employment or for any claim arising out of any dangerous condition of property the agent, officer, or employee allegedly caused. Limits liability for all claims against entities or employees to $2 million. Limits liability for any one person to $300,000. Reduces the maximum award for any claim brought against an agent, officer, or employee of the state arising out of the same accident by any amount paid toward the claim by the state, its public entities, any agents, officers or employees, or any person acting on their behalf.

HB 1441 – Large Carnivore Act. (See Agricultural/Animal Law)

HB 1461 – Use of defensive force. (See Criminal Law)

HB 1472 – Insurer intervention. (See Civil Practice and Procedure)

SB 729 – Affidavit of merit. Requires an affidavit of merit to be filed in actions against certain licensed professionals. Oppose as drafted.

SB 811 – Medical malpractice insurance. (See Insurance Law)

SB 823 – Relates to insurance compliance self-evaluative audit privilege. (See Civil Practice and Procedure)

SB 824 – Relates to an insurance company’s right to intervene in civil actions to determine coverage obligations. (See Insurance Law)

SB 839 – Uninsured Motorist Stipulation of Benefits Act of 2006. (See Insurance Law)

SB 841 – Peer review committees. (See Health and Hospital Law)

SB 847 –Modifies the jurisdiction of small claims courts. (See also HB1345) (See Judicial Administration)

SB 889 – Civil liability for health care providers to be deployed during emergencies. (See Military/Veterans Law)

SB 903 – Immunity from liability for certain officers and employees of state agencies. Provides that any officer, employee, appointee, board member, or commissioner of a political subdivision or any agency of the state shall not be individually liable for conduct arising out of and performed in connection with his or her official duties, unless the cause of action arises from conduct that is grossly negligent, willful, wanton, or malicious, and except as otherwise provided in Section 537.600, RSMo, which provides for absolute waiver of immunity in certain instances.