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Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 537

Effective - 01 Jul 1987, see footnote bottom

  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

(1994)  Patient's suit for strict product liability against health care provider for implant of defective medical device was not barred by two-year statute of limitations in section 516.105, RSMo, as that section covers all action for malpractice, negligence, error or mistake related to health care which all require some type of fault.  Strict liability requires no fault.  Bell v. Poplar Bluff Physicians Group, Inc., 879 S.W.2d 618 (Mo.  App. S.D.).


---- end of effective   01 Jul 1987 ----

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