Understanding Comparative Fault in Missouri Personal Injury Law
In Missouri, the legal doctrine of comparative fault governs how damages are awarded when multiple parties share responsibility for an accident or injury—including the plaintiff. This doctrine is codified by statute and applied through Missouri’s pattern jury instructions in civil cases.
Missouri’s Pure Comparative Fault Rule
Missouri follows a pure comparative fault system that is codified under RSMo § 537.765. Under this rule, a plaintiff may recover damages even if they are found to be 99% at fault, although the recovery will be reduced in proportion to their percentage of fault. This rule is much more advantageous to injured plaintiffs than the comparative fault rule Kansas adheres to, which is the modified comparative fault rule. In Kansas, if the Plaintiff is 50% or greater at fault, then the Plaintiff get’s nothing. Even worse than Kansas is the contributory negligence rule that is not favored by most states. Under that rule, the Plaintiff gets nothing if they were negligent at all in the event.
In other words, unlike modified comparative fault states (like Kansas), Missouri imposes no fault threshold that bars recovery. The plaintiff can still recover damages so long as they are not solely at fault.
The Missouri Comparative Fault Statute Provides:
“In all actions brought as a result of death or injury to person or property caused by or resulting from the negligence of more than one party… the fault of any party… shall not bar recovery by any party, but the amount of damages recoverable by any party shall be diminished in proportion to the amount of fault attributable to the party recovering.” — RSMo § 537.765.1
Missouri Approved Jury Instruction: MAI 37.01
The Missouri Approved Instructions (MAI) guide juries on how to apply comparative fault. The core comparative fault instruction is MAI 37.01 [Verdict Directing – Comparative Fault], which includes this directive:
“If you find in favor of plaintiff, then you must determine the total amount of plaintiff’s damages… and the percentage of fault, if any, you find to be attributable to plaintiff.”
The jury is instructed to assign a percentage of fault to each party found negligent. The plaintiff’s damages are then automatically reduced by the percentage of their own fault, consistent with the statute.
How Missouri Comparative Fault is applied in Trial
If a jury finds the plaintiff 25% at fault and the defendant 75% at fault in a case involving $1,000,000 in damages, the plaintiff would be entitled to recover $750,000. If the plaintiff is found 90% at fault, they may still recover $100,000.
This pure system of comparative fault allows plaintiffs to recover even when they bear the majority of fault, which can be especially important in complex accidents involving multiple parties or unclear liability.
Fault of Non-Parties
Missouri also allows for the fault of non-parties (those not joined in the lawsuit) to be considered in apportioning damages. Under RSMo § 537.765.3, a defendant may request that the jury be instructed to assess the fault of other tortfeasors who have settled or who are not parties to the action. This often arises in multi-defendant cases or where one alleged tortfeasor is immune or judgment-proof.
Strategic Litigation Implications when considering Comparative Fault in Missouri
The implications of Missouri’s comparative fault system are significant for litigation strategy:
For plaintiffs, it reduces the risk of a complete loss at trial even if they bear substantial responsibility. So, the injury lawyer can strategically plan knowing that it doesn’t necessarily have to be all or nothing.
For defendants, it opens the door to shifting blame partially or wholly to the plaintiff or to third parties not in court.
In settlement discussions, the pure comparative model may support meaningful recovery in cases where the plaintiff’s own conduct contributed heavily to the injury.
✖