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MO HB1196

Bill

Status

Introduced

1/5/2012

Primary Sponsor

John Cauthorn

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Repeals sections 537.345 and 537.346 and enacts new sections 537.345, 537.346, and 537.351 relating to property owner liability for trespasser injuries and death.

  • Property owners owe trespassers no duty of care except to refrain from intentional, willful, or wanton harm, and may use justifiable force to repel criminal trespassers under section 563.074.

  • Property owners may be liable for child trespasser injuries from dangerous artificial conditions if the owner knew children were likely to trespass, knew of the dangerous condition, and failed to exercise reasonable care to eliminate the danger.

  • Property owners may be liable for trespasser injuries from dangerous artificial conditions if they knew trespassers consistently intruded in a limited area, created or maintained the condition, knew it posed serious harm risk, and failed to warn trespassers.

  • Property owners may be liable for trespasser injuries if they knew of the trespasser's presence and failed to exercise ordinary care regarding active operations on the land.

Legislative Description

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

Last Action

Public Hearing Scheduled, Bill not Heard (H)

2/20/2012

Committee Referrals

Crime Prevention And Public Safety2/7/2012

Full Bill Text

No bill text available