Missouri COVID-19 Liability Law
Under the recently enacted Missouri Senate Bill 51, businesses, services, activities, or accommodations are not liable in any COVID-19 exposure action unless the plaintiff can prove by clear and convincing evidence that the business, service, activity or accommodation engaged in recklessness or willful misconduct that caused an actual exposure to COVID-19, and the exposure to COVID-19 caused personal injury to the plaintiff. Recklessness is defined as “a conscious, voluntary act or omission in reckless disregard of: a legal duty and the consequences to another party.” Willful misconduct is defined as “an act or omission that is taken intentionally to achieve a wrongful purpose or in disregard of a known or obvious risk that is so great as to make it highly probable that the harm will outweigh the benefit.”
There is a rebuttable presumption that if a business posts a conspicuous written warning at the entrance of the business, the plaintiff assumed the risk of COVID-19 exposure by entering the premises. The written warning must contain the following text or substantially similar text:
“Warning Under Missouri law, any individual entering the premises or engaging the services of the business waives all civil liability against the individual or entity for any damages based on inherent risks associated with an exposure or potential exposure to COVID-19, except for recklessness or willful misconduct.”
Posting Requirement
The Missouri COVID-19 Immunity Notice includes the warning referenced above. Displaying the notice provides the presumption of an assumption of risk defense against any claims relating to COVID-19. (RSMo, Section 537.1005)
The law only applies to causes of action until September 2025.