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MO HB909

Bill

Status

Introduced

3/29/2011

Primary Sponsor

Galen Higdon

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Repeals sections 537.345 and 537.346 of Missouri law and enacts three new sections (537.345, 537.346, and 537.351) relating to landowner liability for trespasser injuries or deaths.

  • Establishes that a landowner generally owes no duty of care to trespassers and is not subject to liability for trespasser injuries, with limited exceptions.

  • Creates liability exceptions when a landowner intentionally causes injury to a trespasser, except landowners may use reasonable force against trespassers entering with intent to commit a crime.

  • Imposes liability for injuries to child trespassers age 16 or younger caused by artificial conditions when the owner knew children were likely to trespass, knew of the unreasonable risk, and failed to exercise reasonable care.

  • Creates liability when the owner knows trespassers consistently intrude on limited areas and fails to exercise reasonable care during dangerous activities or warn of hazardous artificial conditions likely to cause serious injury or death.

Legislative Description

Changes the laws regarding a landowner's liability relating to an individual trespassing on the owner's land

Last Action

Voted Do Pass (H)

5/4/2011

Committee Referrals

Judiciary4/7/2011

Full Bill Text

No bill text available