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RSMo 537.1005effective 28 Aug 2021

COVID-19 exposure, immunity from liability, when

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In plain English

This law protects businesses, organizations, and people from being sued if someone says they got COVID-19 at their place. To win a lawsuit, the person suing has to prove with very strong evidence that the business acted recklessly or on purpose AND that it actually caused the COVID-19 infection. Religious organizations get even more protection — someone has to prove they acted intentionally. If a business posts a warning sign at the entrance, it is harder for someone to sue them. A business cannot be sued for what someone else (a third party) did, unless that third party worked for or was controlled by the business.

Word-for-word law

537.1005. COVID-19 exposure, , when — , age — no , . — 1. to the contrary, and except as otherwise provided in this section, no individual or engaged in businesses, s, activities, or shall be in any unless the can prove by that:

(1) The individual or entity engaged in or that caused an actual exposure to COVID-19; and

(2) The actual exposure to COVID-19 caused the personal injury of the plaintiff.

2. No religious organization shall be liable in any COVID-19 exposure action unless the plaintiff can prove .

3. There shall be a 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 . If a sign is posted or maintained, the sign shall be placed in a clearly visible location at the entrance of the business, service, activity, or accommodation. The sign or written notice described in this subsection shall contain the following warning notice in a substantially similar form:

4. Adoption of or changes to policies, practices, or procedures of an individual or entity in to address or the spread of COVID-19 after the time of the actual, alleged, feared, or potential for exposure to COVID-19 shall not be considered evidence of liability or .

5. Nothing in this section shall require an individual or entity to establish a written or published policy addressing the spread of COVID-19, including any policy requiring or mandating a vaccination or requiring of vaccination.

6. No individual or entity shall be held liable in a COVID-19 exposure action for the acts or of a , unless:

(1) The individual or entity had an under general principles to control the acts or omissions of the third party; or

(2) The third party was an of the individual or entity.

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Source & history notes

(L. 2021 S.B. 51 & 42) Expires 8-28-25; see § 537.1035

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 537.1005: COVID-19 exposure, immunity from liability, when | KnowMo Laws