{"id":"DUT-MO-012","kind":"duty","level":"state","jurisdiction":"Missouri","state":"MO","metro":"","industry":"","agency":"","eco":"","issuer":"Missouri General Assembly (Revised Statutes of Missouri, chapter 537), as codified by the Revisor of Statutes","authority":"L. 2021 S.B. 51 \u0026 42","instrument":"RSMo 537.1005","title":"COVID-19 exposure, immunity from liability, when -- assumption of risk, signage -- no third-party liability, exceptions","dateIssued":"2021-07-07","effective":"2021-08-28","end":"2025-08-28 (expires; § 537.1035)","startDate":"2021-08-28","endDate":"2025-08-28","quarters":["2021Q3"],"types":["COND","DUTY","EMP"],"addressees":["every individual or entity engaged in businesses, services, activities, or accommodations"],"clause":"There shall be a rebuttable presumption of an assumption of risk by a plaintiff in a COVID-19 exposure action when an individual or entity posts or maintains signs or provides written notice which contains the warning notice specified in this subsection. If a sign is posted or maintained, the sign shall be placed in a clearly visible location at the entrance of the business","enforcement":"Not penal; see Ex. DUT-MO-011","functions":[],"notes":"The codified section: liability in a COVID-19 exposure action only on clear and convincing proof of recklessness or willful misconduct; the signage presumption; subsection 4 (later mitigation measures not evidence of liability); subsection 5 (no written policy required); subsection 6 (no liability for third parties\u0027 acts absent a common-law duty to control them or agency).","sourceUrl":"https://revisor.mo.gov/main/OneSection.aspx?section=537.1005","snapshot":"","fileExists":true,"fileBytes":508815,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-MO","url":"/library/DUT-MO-012","exhibitUrl":"/exhibit/DUT-MO-012","citation":"Missouri General Assembly (Revised Statutes of Missouri, chapter 537), as codified by the Revisor of Statutes, RSMo 537.1005 (July 7, 2021) (Ex. DUT-MO-012)","stateName":"Missouri","related":["DUT-MO-011"]}