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RSMo 537.349effective 28 Aug 2018

Liability of landowner to trespasser, immunity where trespasser under influence of drugs or alcohol

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In plain English

If someone breaks into or enters property without permission, and they are very drunk or high on illegal drugs at the time, the property owner is not responsible if that person gets hurt or dies on the property. However, if the property owner acted in a very reckless or intentional harmful way that caused the injury or death, the owner can still be held responsible.

Word-for-word law

537.349. of landowner to , where trespasser under influence of drugs or alcohol — . — A person or owning or controlling an interest in , or an of such person or , shall not incur any liability for the death of or injury to a trespasser upon the property resulting from or arising by reason of the trespasser's of if the normal faculties of such trespasser are substantially impaired by alcohol or the illegal influence of a as defined in section 195.010. The person or entity owning or controlling an interest in such real property shall not be if on the part of such person or entity or agent thereof is the of the death of or injury to the trespasser.

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Source & history notes

(L. 1991 S.B. 125 & 341 § 3, A.L. 2018 S.B. 608)

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

RSMo 537.349: Liability of landowner to trespasser, immunity where trespasser under influence of drugs or alcohol | KnowMo Laws