Missouri operates under a pure comparative negligence system, specifically within the realm of product liability claims. This legal framework significantly impacts how fault is considered when someone is injured by a defective product. Unlike states with contributory negligence rules, Missouri law ensures that an injured party can still recover damages even if they are partially at fault for their own injuries.
Pure Comparative Fault in Missouri Product Liability Cases
In Missouri, the doctrine of pure comparative fault has abolished the old rule of contributory fault, which previously acted as a complete bar to recovery for plaintiffs in product liability cases. This means that if a plaintiff is found to be, for example, 90% at fault for their injuries resulting from a product defect, they can still recover 10% of the damages. The core principle is that responsibility for damages is proportional to the degree of fault of each party involved.
How Fault is Assessed and Damages are Reduced
Missouri law allows defendants in product liability cases to raise the “fault of the plaintiff” as an affirmative defense. If proven, this fault will directly reduce the amount of compensation awarded to the plaintiff. The statute defines “fault” in specific terms related to product use, including:
- Failing to use the product as reasonably anticipated by the manufacturer.
- Using the product for an unintended purpose.
- Using the product knowingly with an appreciation of the danger and voluntarily exposing oneself to it.
- Unreasonably failing to appreciate the danger or its consequences and exposing oneself to it.
- Failing to take reasonable precautions a careful user would take.
- Failing to mitigate damages after an incident.
Essentially, Missouri’s pure comparative negligence approach in product liability aims to provide a fairer system where injured parties are not penalized for partial fault but are held accountable for their own contribution to the incident. This system ensures that recovery is diminished but not entirely prevented, promoting a more equitable outcome in product liability litigation.
