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| 2 | 2 | | FIRST REGULAR SESSION |
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| 3 | 3 | | SENATE BILL NO. 552 |
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| 4 | 4 | | 103RD GENERAL ASSEMBLY |
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| 5 | 5 | | INTRODUCED BY SENATOR TRENT. |
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| 6 | 6 | | 2148S.01I KRISTINA MARTIN, Secretary |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend chapter 537, RSMo, by adding thereto one new section relating to civil actions. |
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| 9 | 9 | | |
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| 10 | 10 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 11 | 11 | | Section A. Chapter 537, RSMo, is amended by adding thereto 1 |
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| 12 | 12 | | one new section, to be known as section 537.767, to read as 2 |
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| 13 | 13 | | follows:3 |
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| 14 | 14 | | 537.767. 1. In any civil action for personal injury, 1 |
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| 15 | 15 | | death, or property damage caused by a product, regardless of 2 |
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| 16 | 16 | | the type of claims alleged or the theory of liability 3 |
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| 17 | 17 | | asserted, the plaintiff sha ll prove, among other elements, 4 |
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| 18 | 18 | | that the defendant designed, manufactured, sold, or leased 5 |
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| 19 | 19 | | the particular product the use of which is alleged to have 6 |
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| 20 | 20 | | caused the injury on which the claim is based, and not a 7 |
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| 21 | 21 | | similar or equivalent product. Designers, manufacturers, 8 |
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| 22 | 22 | | sellers, or lessors of products not identified as having 9 |
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| 23 | 23 | | been used, ingested, or encountered by an allegedly injured 10 |
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| 24 | 24 | | party shall not be held liable for any alleged injury. A 11 |
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| 25 | 25 | | person, firm, corporation, association, partnership, or 12 |
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| 26 | 26 | | other legal or business entity whose design is copied or 13 |
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| 27 | 27 | | otherwise used by a manufacturer without the designer's 14 |
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| 28 | 28 | | express authorization shall not be subject to liability for 15 |
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| 29 | 29 | | personal injury, death, or property damage caused by the 16 |
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| 30 | 30 | | manufacturer's product, even if the use of the design was 17 |
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| 31 | 31 | | foreseeable. 18 SB 552 2 |
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| 32 | 32 | | 2. This section shall not alter or affect any other 19 |
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| 33 | 33 | | provision of law, including those provisions that apply to 20 |
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| 34 | 34 | | successor entities, distributors, component manufacturers, 21 |
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| 35 | 35 | | or manufacturers who use component parts in assembling 22 |
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| 36 | 36 | | products for sale as complete units or those provisions that 23 |
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| 37 | 37 | | apply to the operation of a contract, including a licensing 24 |
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| 38 | 38 | | agreement. 25 |
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| 39 | 39 | | |
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