Negligence in Missouri
State-specific overview · Tort Law
Missouri applies pure comparative negligence, allowing recovery even if plaintiff is mostly at fault, with damages reduced proportionally.
How Missouri treats Negligence
Missouri permits plaintiffs to recover damages reduced by their own degree of negligence under its comparative fault statute. A plaintiff who is 75% responsible for an accident may still recover 25% of damages from the defendant. The state defines negligence as failure to exercise reasonable care, with courts applying the standard of conduct expected from a reasonably prudent person under similar circumstances.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.