Missouri Senate Bill SB941

Missouri 2024 Regular Session

• Introduced: 1/3/24
• Refer: 1/25/24

Caption

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

Impact

If enacted, SB941 would impact state laws related to liability claims against private contractors in the context of public road maintenance and construction. The bill limits the maximum liability of contractors to two million dollars for claims arising from a single incident, with a cap on individual damages not exceeding three hundred thousand dollars per person. This limitation seeks to provide a balance between ensuring accountability for contractors while protecting them from excessive financial burdens. Provisions are also included for annual adjustments of these caps based on economic indicators.

Summary

Senate Bill 941 aims to establish a statutory cause of action against private contractors for damages resulting from personal injury or death that occurs due to the negligent repair or construction of public highways and roads. This bill replaces any existing common law causes of action and outlines specific elements that must be proven for a claim, including that the public highway or road was in a negligent or dangerous condition at the time of the injury and that such conditions created a foreseeable risk of harm. The bill positions itself as a means to protect public safety by holding contractors accountable for the conditions of roads they manage under government contracts.

Contention

Notable points of contention surrounding SB941 may revolve around the perceived fairness and adequacy of the introduced caps on damages. Advocates for public safety might argue that these caps could potentially limit the recourse available for victims of negligence, thereby undermining their ability to seek comprehensive compensation for severe injuries or fatalities. Opponents may also express concerns about the adequacy of existing safety standards that contractors must meet to defend against claims under this bill. Discussions within the legislative body could also highlight the balance between protecting contractors and ensuring public accountability.