Comparative Negligence in Missouri
State-specific overview · Tort Law
Missouri bars recovery if plaintiff is 50% or more at fault under modified comparative negligence.
How Missouri treats Comparative Negligence
Missouri follows a modified comparative negligence rule where plaintiffs cannot recover if their negligence is equal to or greater than the negligence of the defendant. If you are 50% or more responsible, you recover nothing; if you are 49% at fault, you recover 51% of damages. This threshold is applied strictly in Missouri courts and significantly limits recovery for plaintiffs bearing substantial fault.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Missouri.