Missouri’s Comparative Negligence Rule

The Missouri comparative negligence law is an important doctrine that governs the civil liability of parties for negligent acts. Comparative negligence differs from other doctrines in which an injured plaintiff may be completely barred from recovery if found to have contributed to their own injuries. Under a comparative negligence rule, an injured plaintiff can still be awarded damages for negligence, even if their own negligence contributed to the incident. The comparative negligence rule has been around for decades, but it is an important and vital part of the Missouri legal system.

The predominant rule followed in Missouri is the Modified Comparative Negligence Rule. This rule states that if a plaintiff’s negligence is found to be equal to or greater than the alleged negligence of the defendant, the plaintiff will not be able to recover damages. However, if the plaintiff’s negligence is determined to be less than the defendant’s, the plaintiff can still recover damages, but these damages will be reduced by the percentage that is found to be equal to the plaintiff’s negligence.

For example, if the plaintiff’s negligence is found to be 30% responsible for the incident and the defendant’s negligence is determined to be 70% responsible, the plaintiff will be able to recover damages for medical expenses, property damage, and other losses, but these damages will be reduced by 30% to reflect their own negligence. This helps to ensure that both parties can be held accountable for injuries and damages, even in cases where both parties’ negligence contributed to the incident.

In addition, Missouri’s comparative negligence rule also includes the Pure Comparative Negligence Rule. Under this rule, plaintiffs are still able to recover damages for negligence, regardless of the percentage of contributory negligence found. Thus, if the plaintiff’s negligence is found to be 90%, they would still be allowed to recover damages, but those damages would be reduced by the amount of their own negligence.

The comparative negligence rule in Missouri is important to understand, not just for attorneys and other legal professionals, but also for any individual involved in an injury claim. As the law is complex and constantly changing, it is important to understand the basics and the nuances of the rule in order to properly navigate a claim. In the event that a dispute arises between the parties involved in an incident, the comparative negligence rule will be applied to determine the liability of the parties and the potential damages that can be recovered.

Overall, Missouri’s comparative negligence rule is an important element that must be taken into consideration in any personal injury case. It will be used to determine the amount of damages a plaintiff can recover in the event of an accident. Thus, it is important to understand the rule so that parties can properly assess their liability and the potential damages they could recover. With the availability of this legal doctrine, parties involved in injury claims in Missouri can know that they will be able to receive fair compensation.