Section 537.760

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 537

Effective - 01 Jul 1987, see footnote   

  537.760.  Products liability claim defined. — As used in sections 537.760 to 537.765, the term "products liability claim" means a claim or portion of a claim in which the plaintiff seeks relief in the form of damages on a theory that the defendant is strictly liable for such damages because:

  (1)  The defendant, wherever situated in the chain of commerce, transferred a product in the course of his business; and

  (2)  The product was used in a manner reasonably anticipated; and

  (3)  Either or both of the following:

  (a)  The product was then in a defective condition unreasonably dangerous when put to a reasonably anticipated use, and the plaintiff was damaged as a direct result of such defective condition as existed when the product was sold; or

  (b)  The product was then unreasonably dangerous when put to a reasonably anticipated use without knowledge of its characteristics, and the plaintiff was damaged as a direct result of the product being sold without an adequate warning.

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(L. 1987 H.B. 700 § 33)

Effective 7-01-87