§ 537.010 Action for damages to property to survive regardless of death of either party
§ 537.020 Action for personal injury or death to survive regardless of death of ..
§ 537.021 Action for damages — personal representative to maintain or defend — …
§ 537.030 Section 537.010 not to extend to what action
§ 537.033 Design professionals — peer review process, requirements — expiration date.
§ 537.035 Peer review committees — composition, purpose — immunity from civil …
§ 537.037 Emergency care, no civil liability, exceptions (Good Samaritan law)
§ 537.045 Parent or guardian liable for damages by minor, when, limitation — minor’s …
§ 537.046 Childhood sexual abuse, injury or illness defined — action for damages may …
§ 537.047 Civil action for damages authorized, sexual and pornographic offenses ..
§ 537.050 Civil action not merged in criminal prosecution
§ 537.053 Sale of alcoholic beverage may be proximate cause of personal injuries or ..
§ 537.055 Operation of a motorcycle not evidence of comparative negligence
§ 537.058 Personal injury, bodily injury, or wrongful death, time-limited demand to ..
§ 537.060 Contribution between tort-feasors — release of one or more, effect.
§ 537.065 Claimant and tort-feasor may contract to limit recovery to specified assets ..
§ 537.067 Joint and several liability of defendants in tort actions, allocation of ..
§ 537.068 Court may enter remittitur order or increase jury award, when
§ 537.069 Provisions of certain laws applicable to all causes of action
§ 537.080 Action for wrongful death — who may sue — limitation.
§ 537.085 Defenses to wrongful death action
§ 537.090 Damages to be determined by jury — factors to be considered.
§ 537.095 Joinder of parties not required, when, effect on recovery — plaintiff ad …
§ 537.100 Limitation of action — effect of absence of defendant and nonsuit.
§ 537.105 Radio station not liable for defamation, when
§ 537.110 What words are actionable
§ 537.115 Food donation or distribution, limited liability, when
§ 537.117 Officers or members of governing bodies of certain corporations, charities, ..
§ 537.118 Volunteers, limited personal liability, certain organizations and ..
§ 537.120 Physician not liable for restraint of mentally incapacitated persons
§ 537.123 Civil action for damages for passing bad checks, only original holder may ..
§ 537.125 Shoplifting — detention of suspect by merchant — liability presumption.
§ 537.127 Stealing, civil liability — parent or guardian civilly liable for minor’s …
§ 537.130 Liability for damages caused by riotous assemblage
§ 537.165 Political subdivisions to defend tort actions against firemen involving use ..
§ 537.170 Waiver of rights to damages by blind employee
§ 537.180 Negligence of fellow servant no defense in action by employee against ..
§ 537.190 Fellow servant defined
§ 537.200 Vice-principals defined
§ 537.210 Contracts limiting liability invalid
§ 537.220 Construction and application of sections 537.180 to 537.210
§ 537.230 Action against mining operator for wrongful death of employee — amount — …
§ 537.240 Railroads and railroad corporation or companies — terms construed.
§ 537.250 Liability of common carrier for loss or damage to property transported — …
§ 537.260 Railroad liable for killing stock — irrespective of negligence unless road …
§ 537.270 Insufficient fence on railroad — stock killed — damages.
§ 537.280 Injury to stock by railroad — agreed damages — payment, when.
§ 537.290 Failure to pay agreed damages — double damages.
§ 537.294 Firearm ranges — definitions — not to be deemed a nuisance, when — immunity …
§ 537.295 Agricultural operation not to be deemed a nuisance, when — exceptions — costs.
§ 537.296 Private nuisance — definitions — exclusive compensatory damages for …
§ 537.297 Transfer of anhydrous ammonia, tamperer assumes risk — owners immune from …
§ 537.300 Penalty for driving away of others’ stock by drovers
§ 537.310 Proceedings under section 537.300
§ 537.320 Judgment — execution.
§ 537.325 Definitions — liability for equine activities, limitations, exceptions — …
§ 537.327 Paddlesport activities — definitions — immunity from liability, when — …
§ 537.330 Malicious trespass — to personalty — double damages — issuance of …
§ 537.340 Trespass on realty — treble damages recoverable, when — rules for trimming, …
§ 537.345 Definitions for sections 537.345 to 537.347 and 537.351
§ 537.346 Landowner owes no duty of care to persons entering without fee to keep land ..
§ 537.347 Landowner directly or indirectly invites or permits persons on land for ..
§ 537.348 Landowner liable, when — definitions.
§ 537.349 Liability of landowner to trespasser, immunity where trespasser under ..
§ 537.350 Double damages for throwing down gates and fences — exception.
§ 537.351 Trespassers, no duty of care by owners, exception — liability for physical …
§ 537.353 Liability for damage or destruction of field crop products, when — court …
§ 537.355 Private property, permission by owner to hunt, fish, or recreate, ..
§ 537.360 Single damages only recoverable, when
§ 537.370 Penalties, how recovered
§ 537.380 Fires from railroad engines — damages.
§ 537.400 Double damages for willful fires
§ 537.410 Damages for backwater caused by boom across stream — attorney’s fee.
§ 537.420 Tenant for life or years liable for treble damages for waste
§ 537.430 Who may sue
§ 537.440 Heirs may sue for waste, when
§ 537.450 Tenant holding land after having aliened it liable for waste
§ 537.460 Tenants liable to cotenants, when
§ 537.470 Conservators, liable for waste, when
§ 537.480 What damages recovered for waste
§ 537.490 Treble damages if waste was wantonly committed
§ 537.500 Where waste committed pending suit, receiver may take possession
§ 537.510 Actions for waste, brought against whom
§ 537.520 Interest as part of damages
§ 537.523 Institutional vandalism, civil actions for damages or injunction — attorney …
§ 537.524 Injunction and damages for interference with lawful hunting and trapping
§ 537.525 Tampering with computer data, computer equipment, or computer users — …
§ 537.528 Actions for damages for conduct or speech at public hearings and meetings ..
§ 537.550 Limitation on liability for injury or death at fairs or festivals — signs …
§ 537.555 No civil liability for forcible entry into a vehicle for purpose of ..
§ 537.595 Citation — definitions — immunity from liability for claims relating to …
§ 537.600 Sovereign immunity in effect — exceptions.
§ 537.602 Supervision of community service work, immunity from liability, when — …
§ 537.610 Liability insurance for tort claims may be purchased by whom — limitation …
§ 537.615 Liability of state increase to apply, when
§ 537.620 Political subdivisions may jointly create entity to provide insurance — …
§ 537.625 Procedure to form insurance entity
§ 537.630 Director to approve articles and issue license
§ 537.635 Entity to be treated as corporation — not to produce profit — may pay …
§ 537.640 Director to examine — renewal license fee — amendments to articles.
§ 537.645 Director may take charge of entity, when
§ 537.650 Premium tax not required
§ 537.675 Tort victims’ compensation fund established — definitions — notification of …
§ 537.678 Percentage of fund to be used to assist uncompensated tort victims — filing …
§ 537.681 Eligibility requirements — waiver of certain requirements, when — …
§ 537.684 Filing of a claim, determining compensation, procedure — payment of claims.
§ 537.687 Medical records submitted, when — violation, penalty.
§ 537.690 Petition for review of a decision by the division filed with commission — …
§ 537.693 Right of subrogation, payment of a claim — division lien on any …
§ 537.700 Public entity risk management fund established — definitions — who may …
§ 537.705 Effect of participation in fund — use of funds, limits — board of trustees, …
§ 537.710 Board of trustees established — members, appointment, qualifications, …
§ 537.715 Board of trustees — officers.
§ 537.720 Board, meetings — quorum — expenses.
§ 537.725 Board — records — reports — principal office — seal.
§ 537.730 Board — duties — rulemaking authority — subpoena power — prohibited activities.
§ 537.735 Fund account, how maintained
§ 537.740 Insufficient contributions, assessment, abatement, deferral — retroactive …
§ 537.745 Construction of provisions
§ 537.750 Exhaustion of fund, claims to be prorated
§ 537.755 Fund money not available for certain purposes, exception
§ 537.756 Maximum amount payable from fund — how calculated.
§ 537.760 Products liability claim defined
§ 537.762 Motion to dismiss, defendant whose only liability is as seller in stream of ..
§ 537.764 State of the art, defined — affirmative defense in cases of strict …
§ 537.765 Contributory fault as complete bar to plaintiff’s recovery abolished — …
§ 537.785 Citation of law — definitions.
§ 537.787 Criminal or harmful acts, no duty of business to guard against, when — …
§ 537.850 Citation of law — definitions.
§ 537.856 Signage required — contract warning notice and language, contents — written …
§ 537.859 Immunity from liability, when — affirmative defense.

Terms Used In Missouri Laws > Chapter 537 - Torts and Actions for Damages

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Donor: The person who makes a gift.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Guardian: if used in a section in a context relating to property rights or obligations, means conservator of the estate as defined in Missouri Laws 1.020
  • hereafter: means the time after the statute containing it takes effect. See Missouri Laws 1.020
  • Heretofore: means any time previous to the day when the statute containing it takes effect. See Missouri Laws 1.020
  • Incompetent: if used in a section in a context relating to actual occupational ability without reference to a court adjudication of incompetency, means the actual ability of a person to perform in that occupation. See Missouri Laws 1.020
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Missouri Laws 1.020
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Property: includes real and personal property. See Missouri Laws 1.020
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes such district and territories. See Missouri Laws 1.020
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.