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MO HB1196
Bill
Status
1/5/2012
Primary Sponsor
John Cauthorn
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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