☰ Revisor of Missouri

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 537

< > Effective - 01 Jul 1987, see footnote    bottom

  537.764.  State of the art, defined — affirmative defense in cases of strict liability for failure to warn — burden of proof on party asserting defense — action for negligence, when. — 1.  As used in this section, "state of the art" means that the dangerous nature of the product was not known and could not reasonably be discovered at the time the product was placed into the stream of commerce.

  2.  The state of the art shall be a complete defense and relevant evidence only in an action based upon strict liability for failure to warn of the dangerous condition of a product.  This defense shall be pleaded as an affirmative defense and the party asserting it shall have the burden of proof.

  3.  Nothing in this section shall be construed as limiting the rights of an injured party to maintain an action for negligence whenever such a cause of action would otherwise exist.

  4.  This section shall not be construed to permit or prohibit evidence of feasibility in products liability claims.

­­--------

(L. 1987 H.B. 700 § 35)

Effective 7-01-87


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

use this link to bookmark section  537.764


Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law
In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions End Report

Site changes Pictures Contact

Other Links
Legislative Research Oversight MOLIS
Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House