537.348. Landowner liable, when--definitions. - Missouri Statutes

Landowner liable, when--definitions.

537.348. Nothing in this act shall be construed to create liability, butit does not limit liability that otherwise would be incurred by those who usethe land of others, or by owners of land for:

(1) Malicious or grossly negligent failure to guard or warn against adangerous condition, structure, personal property which the owner knew orshould have known to be dangerous, or negligent failure to guard or warnagainst an ultrahazardous condition which the owner knew or should have knownto be dangerous;

(2) Injury suffered by a person who has paid a charge for entry to theland; or

(3) Injuries occurring on or in:

(a) Any land within the corporate boundaries of any city, municipality,town, or village in this state;

(b) Any swimming pool. "Swimming pool" means a pool or tank, especiallyan artificial pool or tank, intended and adapted for swimming and held out asa swimming pool;

(c) Any residential area. "Residential area" as used herein means atract of land of one acre or less predominately used for residential purposes,or a tract of land of any size used for multifamily residential services; or

(d) Any noncovered land. "Noncovered land" as used herein means anyportion of any land, the surface of which portion is actually used primarilyfor commercial, industrial, mining or manufacturing purposes; provided,however, that use of any portion of any land primarily for agricultural,grazing, forestry, conservation, natural area, owner's recreation or similaror related uses or purposes shall not under any circumstances be deemed to beuse of such portion for commercial, industrial, mining or manufacturingpurposes.

(L. 1983 S.B. 162 § 4, A.L. 1984 S.B. 580)

CROSS REFERENCE:

Swimming pools, certain pools, refusal to allow disabled persons to wear life jackets, penalty, RSMo 577.161