{"id":374514,"date":"2016-03-31T21:35:46","date_gmt":"2016-04-01T02:35:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/missouri-law\/missouri-negligence-laws.html"},"modified":"2023-01-05T15:35:21","modified_gmt":"2023-01-05T20:35:21","slug":"missouri-negligence-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/missouri-law\/missouri-negligence-laws.html","title":{"rendered":"Missouri Negligence Laws"},"content":{"rendered":"\n
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Missouri Negligence Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Garrett Monteagudo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Negligence is a legal theory used to determine liability in all states, including Missouri.<\/p>\r\n

To be negligent<\/a> is to act (or fail to act) in a way that violates a duty you owe to another person or party. For example, a motorist who runs a red light because they weren’t paying attention and hits another car, which causes an injury, is negligent. As a result, they are liable for the injury. The motorist owed a duty to other drivers to follow the rules of the road. In this case, the driver breached that duty.<\/p>\r\n

Negligence is the basis of most injury lawsuits, while "criminal negligence" refers to a defendant’s carelessness or neglect in determinations of guilt for a crime. In tort law<\/a>, negligence is determined by comparing the defendant’s action (or inaction) to the "reasonable person<\/a>" standard.<\/p>\r\n

Missouri is a pure comparative negligence state, while it recognizes the legal doctrine of "comparative negligence<\/a>." Under this doctrine, a plaintiff who is partially responsible for their own injuries may only collect damages in proportion to the defendant’s degree of fault. Missouri courts do not recognize the related legal doctrine of "contributory negligence," in which a plaintiff may not recover at all if they are even slightly responsible for the incident.<\/p>\r\n

What are the Elements of a Negligence Case?<\/h2>\r\n

Negligence is a fairly standard cause of action. So, the elements required to establish liability are quite uniform from one state to the next. Generally speaking, the elements of a negligence case are:<\/p>\r\n