Missouri Senate Bill SB700

Missouri 2023 Regular Session

• Introduced: 3/1/23
• Refer: 4/6/23

Caption

Establishes a statutory cause of action against private contractors for damages arising out of repair or construction of public highways and roads

Impact

The introduction of SB700 will significantly alter the landscape of liability for private contractors engaged in public works. The bill establishes a baseline for claims resulting from negligence, requiring that plaintiffs prove that the injury occurred due to a negligent, defective, or unsafe condition, directly resulting from the contractor’s actions. Furthermore, it limits the liability of private contractors, setting caps on damages that can be claimed, which could influence how contractors approach safety and quality in their work on public infrastructure.

Summary

Senate Bill 700 establishes a statutory cause of action against private contractors for damages arising from personal injury or death resulting from the repair or construction of public highways and roads. The legislation delineates the burden of proof while providing a framework for legal recourse for individuals injured due to negligence in road conditions created by private contractors working under government contracts. This bill effectively replaces existing common law claims with a statutory framework, potentially streamlining legal actions while clarifying the rights of both parties involved.

Sentiment

The sentiment around SB700 appears to be mixed, with proponents praising the clarity and limitations it provides for liability in public contract contexts. Supporters argue that such a bill could prevent excessive litigation against contractors, which they believe would ultimately lead to more efficient public works. Conversely, critics argue that placing caps on contractor liability may disincentivize the proper maintenance and safety measures, potentially endangering public safety and leading to inadequate legal recourse for injured parties.

Contention

Notable points of contention include the implications of liability caps, as critics worry that they may protect negligent contractors too thoroughly, undermining accountability. Furthermore, the provision allowing contractors to utilize compliance with DOT standards as a defense may limit the number of successful claims, raising concerns about whether this could lead to a neglect of local road safety standards. This reflects a larger debate about balancing contractor protection with public safety and the rights of injured individuals seeking redress.