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MO HB1298

Bill

Status

Introduced

1/12/2012

Primary Sponsor

Ward Franz

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Changes tort liability from joint and several to several only, with each defendant liable only for damages proportionate to their percentage of fault, except when defendant bears over 50% fault or meets specific exceptions like employer-employee relationships.

  • Requires courts to multiply total recoverable damages by each defendant's percentage of fault to determine the maximum judgment against that defendant.

  • Allows consideration of nonparty fault in determining named defendants' percentages only if plaintiff settled with the nonparty or defendant gave pre-trial notice, but nonparty fault findings cannot be used as evidence of liability against nonparties.

  • Creates the Agritourism Promotion Act establishing a registration system for agritourism operators and activities with the Department of Agriculture, with a two-year registration period and maximum $100 registration fee.

  • Provides liability protection for registered agritourism operators from injury or death claims resulting from inherent risks of agritourism activities if proper warning signage is posted and notices included in contracts, except for willful/wanton conduct, failure to disclose known dangerous conditions, or failure to exercise ordinary care.

Legislative Description

Changes the laws regarding a defendant's liability in a tort action and establishes the Agritourism Promotion Act

Last Action

Perfected with Amendments (H) - HA 1 ADOPTED

2/29/2012

Committee Referrals

Rules2/1/2012
General Laws1/19/2012

Full Bill Text

No bill text available