537.348. Landowner liable, when — definitions. — Nothing in this act shall be construed to create liability, but it does not limit liability that otherwise would be incurred by those who use the land of others, or by owners of land for:
(1) Malicious or grossly negligent failure to guard or warn against a dangerous condition, structure, personal property which the owner knew or should have known to be dangerous, or negligent failure to guard or warn against an ultrahazardous condition which the owner knew or should have known to be dangerous;
(2) Injury suffered by a person who has paid a charge for entry to the land; or
(3) Injuries occurring on or in:
(a) Any swimming pool. "Swimming pool" means a pool or tank, especially an artificial pool or tank, intended and adapted for swimming and held out as a swimming pool;
(b) Any residential area. "Residential area" as used in this section means land used for residential purposes in an area in which housing predominates, as opposed to industrial and commercial areas, and any land used for farming or agricultural purposes; or
(c) Any noncovered land. "Noncovered land" as used in this section means any portion of any land, the surface of which portion is actually used primarily for 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 similar or related uses or purposes shall not under any circumstances be deemed to be use of such portion for commercial, industrial, mining or manufacturing purposes.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 2001–2025 · leading case:
Lonergan v. May, 53 S.W.3d 122 (Mo. Ct. App. 2001).
Lonergan v. May, 53 S.W.3d 122 (Mo. Ct. App. 2001).
· cites it 38× “[14] Landowners can, however, incur liability if there is a malicious or grossly negligent failure to warn or guard against a dangerous condition, charge a fee for entry upon the land, or come within the other exceptions contained in § 537.348. [15] Read together with the…”
Angela Anderson v. Union Elec. Co., 463 S.W.3d 783 (Mo. 2015).
· cites it 36× “346, that landowner may still be liable for claims that fall within one of the exemptions in section 537.348. The exemption Anderson seeks to invoke is found in section 537.”
Foster v. St. Louis Cnty., 239 S.W.3d 599 (Mo. 2007).
· cites it 14× “Section 537.348 provides that landowners can, however, incur liability if there is a malicious or grossly negligent failure to warn or guard against a dangerous condition, a fee charged for entry upon the land, or if the land falls within the other exceptions contained in…”
State Ex Rel. Young v. Wood, 254 S.W.3d 871 (Mo. 2008).
· cites it 2× “If these requirements are met, then the owner “owes no duty to the entrants to keep the land safe or to give any general or specific warnings with respect to any natural or artificial condition, structure, or personal property on the land, unless one of the exceptions contained…”
Fields v. Henrich, 208 S.W.3d 353 (Mo. Ct. App. 2006).
· cites it 5× “If all factors are satisfied, the owner owes no duty to the entrants to keep his land safe or to give any general or specific warnings with respect to any natural or artificial condition, structure, or personal property on the land unless one of the exceptions contained in…”
Angela Anderson v. Union Elec. Co. (Mo. Ct. App. 2014).
· cites it 2× “However, because the issue raised by the appellants in Lonergan was the “primary commercial use” of the Lake of the Ozarks, and not the “recreational” purpose of the lake, no issue was raised as to section 537.348(3)(d)‟s reference to the “owner’s recreation,” and that language…”
— Mo. Rev. Stat. § 537.348(1) — 1 case
Fields v. Henrich, 208 S.W.3d 353 (Mo. Ct. App. 2006).
“If all factors are satisfied, the owner owes no duty to the entrants to keep his land safe or to give any general or specific warnings with respect to any natural or artificial condition, structure, or personal property on the land unless one of the exceptions contained in…”
— Mo. Rev. Stat. § 537.348(3) — 1 case
Fields v. Henrich, 208 S.W.3d 353 (Mo. Ct. App. 2006).
“If all factors are satisfied, the owner owes no duty to the entrants to keep his land safe or to give any general or specific warnings with respect to any natural or artificial condition, structure, or personal property on the land unless one of the exceptions contained in…”
— Mo. Rev. Stat. § 537.348(3)(a) — 1 case
Lonergan v. May, 53 S.W.3d 122 (Mo. Ct. App. 2001).
“[14] Landowners can, however, incur liability if there is a malicious or grossly negligent failure to warn or guard against a dangerous condition, charge a fee for entry upon the land, or come within the other exceptions contained in § 537.348. [15] Read together with the…”
— Mo. Rev. Stat. § 537.348(3)(c) — 2 cases
Lonergan v. May, 53 S.W.3d 122 (Mo. Ct. App. 2001).
“[14] Landowners can, however, incur liability if there is a malicious or grossly negligent failure to warn or guard against a dangerous condition, charge a fee for entry upon the land, or come within the other exceptions contained in § 537.348. [15] Read together with the…”
Fields v. Henrich, 208 S.W.3d 353 (Mo. Ct. App. 2006).
“If all factors are satisfied, the owner owes no duty to the entrants to keep his land safe or to give any general or specific warnings with respect to any natural or artificial condition, structure, or personal property on the land unless one of the exceptions contained in…”
— Mo. Rev. Stat. § 537.348(3)(d) — 4 cases
Angela Anderson v. Union Elec. Co., 463 S.W.3d 783 (Mo. 2015).
“346, that landowner may still be liable for claims that fall within one of the exemptions in section 537.348. The exemption Anderson seeks to invoke is found in section 537.”
Foster v. St. Louis Cnty., 239 S.W.3d 599 (Mo. 2007).
“Section 537.348 provides that landowners can, however, incur liability if there is a malicious or grossly negligent failure to warn or guard against a dangerous condition, a fee charged for entry upon the land, or if the land falls within the other exceptions contained in…”
Lonergan v. May, 53 S.W.3d 122 (Mo. Ct. App. 2001).
“[14] Landowners can, however, incur liability if there is a malicious or grossly negligent failure to warn or guard against a dangerous condition, charge a fee for entry upon the land, or come within the other exceptions contained in § 537.348. [15] Read together with the…”
Angela Anderson v. Union Elec. Co. (Mo. Ct. App. 2014).
“However, because the issue raised by the appellants in Lonergan was the “primary commercial use” of the Lake of the Ozarks, and not the “recreational” purpose of the lake, no issue was raised as to section 537.348(3)(d)‟s reference to the “owner’s recreation,” and that language…”
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