SB 385 Enacts various measures relating to civil liability and procedure
Sponsor: Scott
LR Number: 0946S.02I Fiscal Note:
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 2/28/2005 - Second Read and Referred S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page: S303
Title: Calendar Position:
Effective Date: August 28, 2005

Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2005 Senate Bills

Current Bill Summary


SB 385 - This act modifies provisions regarding civil liability and procedure.

CHANGE OF VENUE (SECTION 508.140) - Either party may request the court to transfer venue to some county in the same, adjoining or next adjoining county without cause being shown.

OFFER OF JUDGEMENT (SECTION 514.060) - Requires mediation in all tort actions in which claimed damages exceed $25,000, unless the court finds that mediation would have no chance of success. Awards costs to the prevailing party, defined as the plaintiff if the plaintiff's net recovery exceeds his or her last position at mediation, and defined as the defendant if the plaintiff's net recovery is less than the defendant's last position at mediation. If plaintiff's net recovery is between the parties' last positions at mediation, neither party prevails nor pays the costs of the other party.

STATUTE OF LIMITATIONS (SECTIONS 516.120 and 516.140) - Reduces the statute of limitations in civil liability cases from five years to two years.

NONECONOMIC DAMAGES IN MOTOR VEHICLE VIOLATIONS (SECTION 537.039) - This provision denies noneconomic damages for injuries to persons who at the time of the accident were operating a motor vehicle in violation of the DWI, excessive BAC, or financial responsibility laws. A person who is injured in an accident who failed to maintain financial responsibility on the motor vehicle shall not be precluded from recovering noneconomic damages if the injuries were caused by a drunk driver. The insurer shall not be liable to indemnify for noneconomic losses for an injured person who was operating his or her vehicle in violation of the aforementioned laws. This is identical to SB 1381 (2004).

PADDLESPORT LIABILITY (SECTION 537.327) - This act limits liability of paddlesport outfitters for injury or death cause by inherent risks of paddlesport activities. This is identical to SB 1033 (2004).

AFFIDAVITS IN TORT ACTIONS AGAINST LICENSED PROFESSIONALS (SECTION 537.530) - This provision requires an affidavit from a similarly licensed professional supporting a cause of action for non-medical claims of professional negligence.

RESTORATION OF SOVEREIGN IMMUNITY (SECTION 537.600) - Restores sovereign immunity to Bi-State Metropolitan Development District (Metro) and the Kansas City Area Transportation District Authority (KCATA).

SKI OPERATOR LIABILITY (SECTION 537.780) - This section sets for duties for skiers and ski are operators and exempts ski operators from liability for injuries resulting from the inherent dangers of skiing.

BUSINESS PREMISES SAFETY ACT (SECTIONS 537.785 and 537.787) - Provides that no duty exists on business owners to guard against criminal act of third party unless they have reason to know that acts may occur that pose threat of harm to a person or the same criminal acts have occurred on the premises within prior two years. The proximate cause of any injury sustained by criminal act on the premises is the responsibility of the person committing the criminal act.

AGRITOURISM PROMOTION (SECTIONS 537.800 to 537.810) - Agritourism operators are required to post signs warning participants that no liability will be imposed on the operator for injuries resulting from the inherent risks of the activity. If such sign is posted, the operator is not liable for civil damages, except for willful or wanton conduct or if the operator has actual knowledge of a dangerous condition.

JIM ERTLE