184.106. Conservation or disposal of property on loan, without notice, when--exception--lien for costs--museum not to be liable for injury or loss, when.

MISSOURI STATUTES AND CODES

184.106. Conservation or disposal of property on loan, without notice, when--exception--lien for costs--museum not to be liable for injury or loss, when.

Conservation or disposal of property on loan, without notice,when--exception--lien for costs--museum not to be liable forinjury or loss, when.

184.106. 1. Unless there is a written loan agreement tothe contrary, a museum may apply conservation measures to ordispose of property on loan to the museum without the lender's orclaimant's permission and without giving formal notice to thelender or claimant, if immediate action is required to protectthe property on loan or other property in the custody of themuseum or if the property on loan is a hazard to the health andsafety of the public or the museum's staff, and if one of thefollowing applies:

(1) The museum is unable to contact the lender or claimantat the lender's or claimant's last address of record if action isto be taken within more than three days but less than one weekfrom the time the museum determined action was necessary;

(2) The museum is unable to contact the lender or claimantat the lender's or claimant's last address or telephone number ofrecord prior to taking action if the action is to be taken withinthree days or less from the time the museum determined action wasnecessary; or

(3) The lender or claimant does not respond within fivedays from the day the lender or claimant is contacted by themuseum or will not agree to the protective measures the museumrecommends, and does not terminate the loan and retrieve theproperty.

2. If a museum applies conservation measures to or disposesof property under this section or with the agreement of thelender or claimant, unless the loan agreement provides otherwise,the museum:

(1) Shall have a lien on the property and on the proceedsof any disposition of the property for the costs incurred by themuseum in applying conservation measures or disposing of theproperty under this section; and

(2) Shall not be liable to the lender or claimant forinjury to or loss of the property if the museum:

(a) Had a reasonable belief at the time the action wastaken that the action was necessary to protect the property onloan or other property in the custody of the museum or that theproperty on loan was a hazard to the health and safety of thepublic or the museum staff; and

(b) Exercised reasonable care in choosing and applyingconservation measures or disposal methods.