MissouriState would take sole liability during certain highway project periods
For certain highway project injuries or deaths, the state would be solely liable during specified periods before work starts and after it accepts the work.
What it does
For certain highway project injuries or deaths, the state would be solely liable during periods before work begins and after the department accepts the work, with exceptions for specified unsafe conditions.
Before work begins, state highway contracts would not be allowed to require contractors to defend or reimburse the state and listed transportation personnel.
Argument forPeople injured during the covered project periods could seek damages from the state, which may make clear who is responsible.
Argument againstPeople injured by unsafe project work could face a harder path to compensation when the state alone is liable during certain project periods.
More detail
The state is solely liable for personal injury or death during the specified periods around a highway project. It covers private contractors, subcontractors, engineers, and their employees working under plans approved by the Missouri Department of Transportation. This rule does not apply if the work creates an imminent danger, a defect was hidden from reasonable inspection, the contractor knew of and failed to disclose a dangerous condition, or flawed plans should have alerted the contractor that the work would be unsafe. The first period runs from the signed contract until the contractor begins work. The second starts after corrections are complete and final inspection; acceptance may take effect 20 business days after inspection.
The state’s highway construction specifications may not require contractors to defend or reimburse the state or listed transportation personnel before work begins. This applies to contracts for work for the state highways and transportation commission. A contractor also may not be required to accept such a duty as a condition of an agreement to work for the state highways and transportation commission. The restriction applies before the contractor starts work under the contract.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 13Signed by Governor Mike KehoeBecame Law
- May 28Reported Duly Enrolled Rules, Joint Rules, Resolutions & Ethics CommitteeTo Governor
- May 28Signed by Senate President Pro Tem
- May 28Signed by House Speaker
- May 28Delivered to Governor
- May 14Bill Placed on H Informal Calendar
- May 14Voted Do Pass H Fiscal ReviewMinor
- May 14Reported Do Pass H Fiscal ReviewMinor
- May 14H Third Read and PassedMajor
- May 14Truly Agreed To and Finally PassedMajor
- May 12Voted Do Pass H Rules - AdministrativeMinor
- May 12Reported Do Pass H Rules - AdministrativeMinor
- May 12Referred H Fiscal Review CommitteeMinor
- May 7Reported Do Pass H CommerceMinor
- May 7Referred H Rules - AdministrativeMinor
- May 6Hearing Conducted H Commerce
- May 6Voted Do Pass H CommerceMinor
- May 4H Second ReadMinor
- May 4Referred H CommerceMinor
- Apr 30Voted Do Pass S Fiscal Oversight CommitteeMinor
- Apr 30Reported from S Fiscal Oversight Committee
- Apr 30S Third Read and PassedPassed House
- Apr 30H First ReadMinor
- Apr 28Reported Truly Perfected S Rules, Joint Rules, Resolutions and Ethics Committee
- Apr 28Referred S Fiscal Oversight CommitteeMinor
- Apr 27SS for SCS S offered (Burger)--(3834S.08F)
- Apr 27SA 1 to SS for SCS S offered & adopted (Webber)--(3834S08.05S)
- Apr 27SS for SCS, as amended, S adoptedPassed Senate
- Apr 27Perfected
- Mar 11Bill Placed on Informal Calendar
- Feb 26SCS Reported from S General Laws Committee
- Feb 11SCS Voted Do Pass S General Laws Committee (3834S.05C)Minor
- Feb 4Hearing Conducted S General Laws Committee
- Jan 8Second Read and Referred S General Laws CommitteeMinor
- Jan 7S First ReadMinor
- 2025
- Dec 1PrefiledIntroduced
TransportationGovernment & EthicsCivil Rights & Voting