Sidewalk and Public Property Falls in Missouri

A public entity in Missouri can be sued for an injury caused by a dangerous condition of its property, such as a sidewalk, only if the person proves the condition was dangerous, directly caused the injury, and created a foreseeable risk of that kind of injury, and that a public employee's negligence created the condition or the entity had actual or constructive notice of it in time to protect against it. Before suing a third-class city, or a city of 100,000 or more people, for an injury from a defect in a bridge, street, sidewalk or thoroughfare, the injured person must give the mayor written notice within 90 days stating where and when the injury happened, its character and circumstances, and that damages will be claimed. The statutes read do not say whether the owner of property next to a public sidewalk is liable.

Missouri keeps sovereign immunity for the state and its political subdivisions except where waived, including for injuries from public employees' negligent driving and from dangerous conditions of public property, and to the extent of liability insurance or self-insurance. The base caps are $300,000 per person and $2,000,000 per occurrence, and no award above the limits may be made; the section also provides for inflation adjustments. Third-class cities and cities of 100,000 or more require written notice to the mayor within 90 days for injuries from defective streets, sidewalks or bridges; the sections read set no general notice-of-claim deadline for other local claims.

Missouri keeps sovereign immunity except as waived. Immunity is waived for injuries from public employees' negligent operation of motor vehicles and from dangerous conditions of public property, and to the extent of insurance or self-insurance purchased. Liability is limited to base amounts of $300,000 per person and $2,000,000 per occurrence, adjusted annually for inflation (current values published in the Missouri Register), with no punitive damages. For injuries from a defective street, sidewalk or bridge in a third- or fourth-class city, written notice must be given to the mayor within 90 days.

Five years. Actions for "any other injury to the person or rights of another, not arising on contract" and not otherwise listed must be filed within five years.