Missouri Revised Statutes

Mo. Rev. Stat. § 190.307 (2026)

No civil liability for operation of emergency system, giving or following emergency instructions, exceptions

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  190.307.  No civil liability for operation of emergency system, giving or following emergency instructions, exceptions. — 1.  No public agency or public safety agency, nor any officer, agent or employee of any public agency, shall be liable for any civil damages as a result of any act or omission except willful and wanton misconduct or gross negligence, in connection with developing, adopting, operating or implementing any plan or system required by sections 190.300 to 190.340.

  2.  No person who gives emergency instructions through a system established pursuant to sections 190.300 to 190.340 to persons rendering services in an emergency at another location, nor any persons following such instructions in rendering such services, shall be liable for any civil damages as a result of issuing or following the instructions, unless issuing or following the instructions constitutes willful and wanton misconduct, or gross negligence.

  3.  Nothing in this section shall be deemed to abrogate any immunity that would exist in the absence of this section including, but not limited to, sovereign immunity, official immunity, or the public duty doctrine.

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(L. 1990 H.B. 951, A.L. 1999 H.B. 268 merged with S.B. 436, A.L. 2021 S.B. 26)

(2005) Section supercedes the common law official immunity doctrine for certain individuals and agencies and provides qualified immunity allowing civil liability only where gross negligence can be established.  State ex rel. Golden v. Crawford, 165 S.W.3d 147 (Mo.banc).

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2005–2024 · leading case: Southers v. City of Farmington, 263 S.W.3d 603 (Mo. 2008).
Southers v. City of Farmington, 263 S.W.3d 603 (Mo. 2008). · cites it 6× “For example, section 190.307 provides that emergency system operators should be protected by immunity unless they act “with willful or wanton *615 misconduct or gross negligence.”
Edwards v. Gerstein, 237 S.W.3d 580 (Mo. 2007). · cites it 8× “The issue in the case was whether section 190.307 superseded common law official immunity.”
State ex rel. Golden v. Crawford, 165 S.W.3d 147 (Mo. 2005). · cites it 14× “Relator also argues that section 190.307, eliminating civil liability for employees of an emergency system with the exception of instances of gross negligence, augments the official immunity doctrine extending her additional immunity.”
Duvall v. Tawney, 323 S.W.3d 804 (Mo. Ct. App. 2010). · cites it 2× “Section 190.307 provides the shielded entities with a qualified immunity allowing civil liability only in instances where gross negligence can be established.”
City of St. Louis v. State of Missouri, 682 S.W.3d 387 (Mo. 2024). · cites it 2× “335); immunity of public agency operating emergency systems (section 190.307); parole eligibility (sections 217.”
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