Tort Law

HB 1054 – Unlawful funeral protests. Changes the laws regarding unlawful picketing or protesting of a funeral.

HB 1102 – Reporters of sexual abuse. Requires any person who observes a child being subjected to sexual abuse to immediately report or cause a report to be made to the Children’s Division.

HB 1180 – Elimination of joint and several liability. Changes the determination of a defendant’s liability in a tort action for damages by specifying that the liability of each defendant for compensatory or punitive damages must be several and cannot be joint. No position.

HB 1196/HB 1286 – Landowner liability to trespassers. Changes the laws regarding a landowner’s liability as it applies to an individual trespassing on the owner’s land. Not in scope. Redraft to conform to The Missouri Bar's Criminal Code revision.

HCS HB 1272 – Gross negligence in certain actions against correctional facilities. Specifies that gross negligence will be the standard of proof in actions for damages brought against a public or private correctional or detention facility as a result of a death by suicide of any inmate. No position.

HCS HB 1298 & 1180 – Joint and several liability and Agritourism. Changes the laws regarding a defendant’s liability in a tort action by eliminating joint and several liability and establishes the Agritourism Promotion Act.

HCS HB 1342/SB 613 – Loser pays. Changes the laws regarding the recovery of costs and attorney fees by the prevailing defendant in a civil action. Oppose.

HCS HB 1495 – Reporting insurance fraud.Changes the laws regarding liability for reporting insurance fraud.

HB 1500 – Human Rights Commission complaints.Changes the laws regarding complaints filed with the Missouri Commission on Human Rights and makes discrimination based upon a person’s sexual orientation or gender identity unlawful.

HB 1540 – Workers’ compensation and co-employee liability. Specifies that an employee subject to workers’ compensation provisions must be released from all liability for personal injury or death to a co-employee due to an accident or occupational disease.

HCS HB 1541/SB 657/SB 749 – Medical services.Specifies that anyone providing or participating in a medical service cannot be required to participate in a service if it violates his or her conscience or principles.Not in scope.

HB 1615 – Tort action for conduct or speech at a public hearing. Changes the laws regarding actions against a person for conduct or speech at a public hearing or meeting by allowing special motions to dismiss, judgment on the pleadings, or summary judgment in these cases. Support.

HB 1655 – Product liability claims. Restricts the time to file a product liability claim and when a manufacturer or seller of a product may be liable. Among other provisions, limits a manufacturer or seller’s liability for harm after the products useful sale life has expired;creates a presumption that harm caused more than 12 years after the product was delivered was caused after the useful sale life had expired; requires a claimant to bring a product liability claim within 5 years from the time the claimant discovered the harm and its cause. Not in scope.

HB 1745 – Insurer intervention in civil cases.Allows insurers to intervene in any civil case in which they may be obligated to provide a defense or indemnity for any judgment rendered in the action. No position.

HB 1761 – Child abuse statute of limitations.Removes the 10-year statute of limitation for certain actions to recover damages regarding child abuse and sexual offenses committed against a child.

SB 453 – Damage caps for Human Rights Act and workers’ compensation cases. Establishes damage caps for Human Rights Act cases and workers’ compensation discrimination cases. No position.

SB 592 – Human Rights Act. Modifies the law relating to the Missouri Human Rights Act and employment discrimination. No position.

SB 609 – Joint liability. Modifies comparative fault by eliminating joint liability and allowing consideration of any nonparty’s fault.

SB 614 – Bad faith suits. Requires courts to award costs and attorney’s fees to a party when a case has no basis in law or an attorney acts in bad faith. Oppose.

SB 626 – Limitation of manufacturer’s liability. Limits liability for a manufacturer after a product has been materially altered.

SB 697 – Civil immunity for insurers in fraud investigations. Expands the civil immunity provided to insurers for furnishing information related to insurance fraud investigations.

HB 1532/SB 755 - Creates the crime of disrupting a house of worship and allows for civil penalties for that crime and the crime of institutional vandalism.

SB 798 – Sexual orientation and gender identity discrimination. Prohibits discrimination based upon a person’s sexual orientation or gender identity. No action.

SB 820 – Training and immunity for 911dispatchers. Adds training requirements for 911 dispatch operators and provides certain civil immunity.

SB 827 – Co-employee liability and workers’ compensation. (See Workers Compensation Law)