HCS/SB 377 - This act modifies provisions relating to landowner liability.LIABILITY FOR PRIVATE CAMPGROUNDS (SECTION 537.328)
This act prohibits a private campground owner or employee or officer of a private campground owner from being liable for acts related to camping at a private campground if the injury or damage occurred as a result of an inherent risk of camping, as described within the act. This act does not apply to actions arising under Missouri Workers' Compensation Law. Additionally, this act does not prevent or limit liability of an owner, employee, or officer who intentionally causes injury, death, or damage, who acts with a willful or wanton disregard for the safety of the person or property damaged, who fails to use the degree of care that an ordinarily careful and prudent person would use under the circumstances, or who fails to conspicuously post warning signs of known dangerous conditions on the property. Warning signs are required to appear in black letters of at least one inch in height on a white background. Warning signs and written contracts entered into by an owner, employee, or officer shall contain a warning notice, as specified in the act.
This provision is identical to a provision in the truly agreed to and finally perfected SS/HCS/HB 369 (2021), in the perfected HCS/HB 922 (2021), in the perfected HB 1070 (2021), in HCS/SCS/SB 119 (2021), SB 50 (2021), HB 72 (2021), and SCS/SB 783 (2020) and is similar to HA#5 to HCS/SCS/SB 662 (2020), HB 1302 (2020), and HB 398 (2019).
LIABILITY OF OWNERS OF LAND USED FOR RECREATIONAL PURPOSES (SECTIONS 316.250, 537.346, 537.347, AND 537.348)
This act provides that no owner of land shall be liable for a trespasser's injuries that occur on his or her residential area or noncovered land if such area or land is adjacent to a park or trail and the trespasser accessed the area or land from the adjacent park or trail. The term "residential area" is currently defined as a tract of land of one acre or less predominately used for residential purposes, or a tract of land of any size used for multifamily residential services. This act repeals this definition and provides that the term "residential area" means land used for residential purposes in an area in which housing predominates, as opposed to industrial or commercial areas, and any land used for farming or agricultural purposes.
Currently, a landowner who invites or permits any person to enter onto his or her land for recreational use in compliance with a state-administered recreational access program does not extend any assurance that the premises are safe, confer a duty requiring special or reasonable care, or assume liability for injuries caused by any condition on the premises or by an act or omission of any other person. This act extends these provisions to landowners of property used for recreational purposes in compliance with a state-administered wildlife management program.
Additionally, this act repeals the provision providing that the limitations on liability for owners of land used for recreational purposes does not limit liability that would otherwise be incurred for those who use the land of others, or by owners of land for injuries occurring on or in any land within the corporate boundaries of any city, municipality, town, or village in this state.
These provisions are identical to provisions in the perfected HS/HCS/HB 441 (2021), in the perfected HB 1070 (2021), and HCS/HB 519 (2021), are substantially similar to provisions in the truly agreed to and finally passed SS/HCS/HB 369 (2021), SCS/SB 411 (2021), and SCS/SB 306 (2021), and are similar to provisions in SCS/SB 547 (2021), HB 573 (2021), HB 806 (2021), and HB 2181 (2020).
LIABILITY FOR PRESCRIBED BURNS (SECTION 537.354)
This act establishes the Prescribed Burning Act, which specifies that no landowner or agent of a landowner shall be liable for damages caused by a prescribed burning or the resulting smoke unless the landowner or agent is negligent. Additionally, unless proven negligent, no certified burn manager shall be liable for damages caused by a prescribed burning or the resulting smoke conducted in accordance with a prescribed burn plan.
This act shall not apply to any property, land, right-of-way, or easement owned by a public utility, municipally-owned utility, rural electric cooperative, corporation organized for the purpose of supplying electric energy, or electric corporations operating under a cooperative business plan. Additionally, this act shall not apply to any property, land, right-of-way, or easement appurtenant or incidental to lands controlled by any railroad.
This provision is identical to the truly agreed to and finally passed SS/HCS/HB 369 (2021) and is similar to SCS/SB 301 (2021), SCS/SB 661 (2020), HCS/HB 1547 (2020), and HB 978 (2019).
KATIE O'BRIEN