Contributory Negligence in Missouri
State-specific overview · Tort Law
Missouri uses modified comparative negligence; you cannot recover if you're 50% or more at fault.
How Missouri treats Contributory Negligence
Missouri bars recovery under the 50% bar rule if a plaintiff's negligence is equal to or greater than the defendant's negligence. If you are 49% at fault and the defendant is 51% at fault, you may recover 51% of your damages; if you are 50% or more at fault, you recover nothing. This rule applies in most civil negligence cases and creates a significant threshold for plaintiff recovery.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory 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.