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MO HB1286

Bill

Status

Introduced

1/12/2012

Primary Sponsor

Galen Higdon

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Repeals existing sections 537.345 and 537.346 and creates new sections 537.345, 537.346, and 537.351 regarding landowner liability to trespassers.

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

  • Landowners may be held liable for trespasser injuries only in three circumstances: harm to child trespassers from dangerous artificial conditions, harm from artificial conditions on land where trespassers consistently intrude, or injury from active operations when the possessor knew of the trespasser's presence.

  • Defines "trespasser" as any person entering property without permission or invitation, regardless of whether actual notice was given or property was posted.

  • Clarifies that the statute does not create additional liability and does not affect existing immunities or common law defenses available to property possessors.

Legislative Description

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

Last Action

HCS Voted Do Pass (H)

2/22/2012

Committee Referrals

Judiciary1/25/2012

Full Bill Text

No bill text available