Reducing Missouri’s five-year statute of limitations to two years for personal injury claims is more relevant than ever due to COVID-19, according to a Jefferson City civil justice reform lobbyist.
Reform legislation pending includes proposals from Sen. Dan Hegeman (R-District 12) with Senate Bill 3 and Rep. Dan Houx (R-District 54) with HB 922.
“The House will make every effort to pass Representative Houx’s HB 922, which is the House companion bill to Senate Bill 3 on statute of limitations,” said Rich AuBuchon, executive director of the Missouri Civil Justice Reform Coalition. “HB 922 will likely be debated in the House this week and include other pieces of legislation that will be amended onto the bill.”
The legislation applies to personal injury litigation.
“Only two other states have a longer statute of limitations period for personal injury,” AuBuchon said. “Most claims now are resolved earlier. Five years is just simply too long. You get a loss of testimony and a loss of evidence.”
The state currently has a two-year statute of limitations on medical malpractice claims and, once passed by the Senate, the coronavirus liability reform bill offers litigants two years to sue as well.
“COVID-19 has become a part of this discussion so, there is already some agreement from the legislature that having a lower statute of limitations period for personal injury claims is acceptable," AuBuchon said.
Opposition to the reform remains, according to AuBuchon.
“We're seeing some very interesting opposition from people who are concerned about vaccinations, concerned about government shutdowns and mandates who believe any limitation on a person's right to sue is too much,” AuBuchon said.
HB 922 also now contains Senate Bill 7, which is a statute of repose that allows manufacturers to claim affirmative defenses in litigation, such as a product or piece of equipment is more than 15 years old or that there was no latent defect and that the manufacturer should not be held liable for defects.
"There is something significant about it in that it sets forth a strong House position,” AuBuchon said. “The Missouri House is Republican-controlled and the Speaker Rob Vescovo is very pro-tort reform and this is just one more evidence of proof that the Missouri House is open for business. It's a good thing.”
As previously reported, products and equipment that would be covered under the statute of repose include automobiles and agriculture tools and instruments, such as a tractor, but it would not apply to a product or equipment that contains asbestos.
“If HB 22 passes the House, then the statute of repose will pass as well but they would have to take the bill up in its same form in the Senate before it could go to the governor and I don't anticipate that given it's the last four weeks of session,” AuBuchon added.