If Senate Bill 608 is passed by the Legislature and signed into law, business owners will have greater protection in cases of wrongdoing committed on their property when it’s out of their control.
The measure, sponsored by Sen. Danny Hoskins, would create the Business Premises Safety Act. It stipulates that a business only has the duty to guard against criminal or harmful acts occurring on the business’ premises when:
- The business knows about these acts being committed by an identifiable person
- The business has reason to know that these are acts are about to be committed by an identifiable person.
- The acts pose an imminent probability of injury to another identifiable person
- There is sufficient time to prevent an injury from these harmful acts.
However, if the business has implemented reasonable security measures and if the claimant is a trespasser, is under the influence of drugs or alcohol, or was attempting to commit or committing a felony, the business will not be held liable.
In civil cases brought against a business for injuries sustained on a business’ property, the claimant must prove with clear and convincing evidence that reasonable security measures would have prevented the criminal or harmful act that led to the injury.
NFIB/MO testified in favor of this bill, which passed the Senate, and is on its way to the House.