Signed by Governor Mike Parson

Vote Smart's Synopsis:

Vote to pass a bill that establishes protections for businesses, healthcare providers, and houses of worship from COVID-19 related lawsuits.

Highlights:

• Classifies "COVID-19 exposure action" as a civil action (Sec. A-4):

• Brought by a person who suffered personal injury or a representative of a person who suffered personal injury;

• Brought against an individual or entity engaged in businesses, services, activities, or accommodations; and

• Alleging that an actual, alleged, feared, or potential for exposure to COVID-19 caused the personal injury or risk of personal injury that occurred in the course of the businesses, services, activities, or accommodations of the individual or entity.

• Prohibits an individual or entity engaged in businesses, services, activities, or accommodations from being liable in any COVID-19 exposure action unless the plaintiff can prove by clear and convincing evidence that (Sec. 537.1005): 

• The individual or entity engaged in recklessness or willful misconduct that caused an actual exposure to COVID-19; and

• The actual exposure to COVID-19 caused the personal injury of the plaintiff.

• Specifies nothing in this law will require an individual or entity to establish a written or published policy addressing the spread of COVID-19, including any policy requiring or mandating a vaccination or requiring proof of vaccination (Sec. 537.1005-5).

• Prohibits individual or entity who designs, manufactures, imports, distributes, labels, packages, leases, sells, or donates a covered product from being liable in a COVID-19 products liability action if the individual or entity (Sec. 537.1015): 

• Does not make the covered product in the ordinary course of business; 

• Does make the covered product in the ordinary requires the covered product to be made in a modified manufacturing process that is outside the ordinary course of business; or 

• Does make the covered product in the ordinary course of business and use of the covered product is different than its recommended purpose and used in response to the emergency due to COVID-19. 

• Establishes in any COVID-19 related action, punitive damages (Sec. 537.1020): 

• May be awarded; and 

• Will not exceed an amount over 9 times the amount of compensatory damages awarded.

• Specifies nothing in this law will be construed to affect the applicability of any provision of law providing for a cause of action alleging price gouging, noneducational related canceled events, or payment of membership fees (Sec. 537.1035). 

• Prohibits a COVID-19 products liability action from being commenced in any court of this state later than two years after the date of the alleged harm, damage, breach, or tort unless tolled for proof of fraud or intentional concealment (Sec. 537.1035-6).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes protections for businesses, healthcare providers, and houses of worship from COVID-19 related lawsuits.

Highlights:

• Classifies "COVID-19 exposure action" as a civil action (Sec. A-4):

• Brought by a person who suffered personal injury or a representative of a person who suffered personal injury;

• Brought against an individual or entity engaged in businesses, services, activities, or accommodations; and

• Alleging that an actual, alleged, feared, or potential for exposure to COVID-19 caused the personal injury or risk of personal injury that occurred in the course of the businesses, services, activities, or accommodations of the individual or entity.

• Prohibits an individual or entity engaged in businesses, services, activities, or accommodations from being liable in any COVID-19 exposure action unless the plaintiff can prove by clear and convincing evidence that (Sec. 537.1005): 

• The individual or entity engaged in recklessness or willful misconduct that caused an actual exposure to COVID-19; and

• The actual exposure to COVID-19 caused the personal injury of the plaintiff.

• Specifies nothing in this law will require an individual or entity to establish a written or published policy addressing the spread of COVID-19, including any policy requiring or mandating a vaccination or requiring proof of vaccination (Sec. 537.1005-5).

• Prohibits individual or entity who designs, manufactures, imports, distributes, labels, packages, leases, sells, or donates a covered product from being liable in a COVID-19 products liability action if the individual or entity (Sec. 537.1015): 

• Does not make the covered product in the ordinary course of business; 

• Does make the covered product in the ordinary requires the covered product to be made in a modified manufacturing process that is outside the ordinary course of business; or 

• Does make the covered product in the ordinary course of business and use of the covered product is different than its recommended purpose and used in response to the emergency due to COVID-19. 

• Establishes in any COVID-19 related action, punitive damages (Sec. 537.1020): 

• May be awarded; and 

• Will not exceed an amount over 9 times the amount of compensatory damages awarded.

• Specifies nothing in this law will be construed to affect the applicability of any provision of law providing for a cause of action alleging price gouging, noneducational related canceled events, or payment of membership fees (Sec. 537.1035). 

• Prohibits a COVID-19 products liability action from being commenced in any court of this state later than two years after the date of the alleged harm, damage, breach, or tort unless tolled for proof of fraud or intentional concealment (Sec. 537.1035-6).

Full Bill Text