PURGASON AND MARBLE.
Read 1st time March 14, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapter 537, RSMo, relating to torts and actions for damages by adding thereto one new section relating to manufacturers' liability.
Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be known as section 537.768, to read as follows:
537.768. 1. The lawful design, marketing, manufacture or sale of any lawful product to the public is not an unreasonably dangerous activity and does not constitute a nuisance per se.
2. No county, city, town, village or any other political subdivision nor the state shall bring suit or have any right to recover against any manufacturer, trade association, retailer or dealer for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing or sale of lawful products to the public. This subsection shall apply to any suit pending as of the effective date of this section, as well as any suit which may be brought in the future. Provided, however, that nothing in this section shall restrict the rights of persons to recover for injury or death caused by the negligent or defective design or manufacture of lawful products.
3. Nothing in this section shall prevent the state, a county, city, town, village or any other political subdivision
from bringing an action against a manufacturer, retailer or dealer for breach of contract or warranty as to any
lawful product purchased by the state or such political subdivision.
Missouri House of Representatives