537.346. Landowner owes no duty of care to persons entering without fee to keep land safe for recreational use — immunity from liability for injuries of trespasser on land adjacent to park or trail. — 1. Except as provided in sections 537.345 to 537.348, and section 537.351, an owner of land owes no duty of care to any person who enters on the land without charge to keep his or her land safe for recreational use or to give any general or specific warning with respect to any natural or artificial condition, structure, or personal property thereon.
2. No owner of land shall be liable for injuries of a trespasser occurring on his or her residential area or noncovered land, as those terms are defined in section 537.348, if such area or land is adjacent to a park, as defined in section 253.010, or a trail, as defined in section 258.100, if such trespasser is accessing or accessed the owner's property from the adjacent park or trail.
Notes of Decisions
Angela Anderson v. Union Elec. Co., 463 S.W.3d 783 (Mo. 2015).
· cites it 46× “§537.346, Ameren ‘owes no duty of care to any person who enters on the land without charge to keep his land safe for recreational use or to give any general or specific warning with respect to any natural or artificial condition, structure, or personal property thereon.”
Lonergan v. May, 53 S.W.3d 122 (Mo. Ct. App. 2001).
· cites it 23× “Furthermore, Section 537.346 of our statute, relieves the landowner of any duty to keep his land safe so long as the owner does not charge a user fee.”
State Ex Rel. Young v. Wood, 254 S.W.3d 871 (Mo. 2008).
· cites it 4× “The key portion of the RUA, section 537.346, states: Except as provided in sections 537.”
Foster v. St. Louis Cnty., 239 S.W.3d 599 (Mo. 2007).
· cites it 2× “Specifically, section 537.346 provides; Except as provided in sections 537.”
Fields v. Henrich, 208 S.W.3d 353 (Mo. Ct. App. 2006).
· cites it 7× “Specifically, section 537.346 provides: Except as provided in sections 537.”
Backes v. United States (W.D. Mo. 2020).
· cites it 4× “banc 2007); see also Mo. Rev. Stat. § 537.346 (“[A]n owner of land owes no duty of care to any person who enters on the land without charge to keep his land safe for recreational use .”
Brelsford v. Brelsford, 895 S.W.2d 316 (Mo. Ct. App. 1995).
“ORDER PER CURIAM: Kirby Brelsford appeals a decision in a negligence action granting summary judgment to Lawrence Brelsford based on Missouri’s Recreational Use Statute, § 537.346 et seq., RSMo 1986. Judgment affirmed.”
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