SB 826 - Currently, in all tort actions, a defendant who bears less than fifty-one percent of the fault shall only be liable for the percentage of the judgment for which the defendant is determined to be responsible. However, when a defendant bears fifty-one percent or more of the fault, current law provides that the defendant is jointly and severally liable for the judgment amount. This act repeals such provisions and provides that each defendant is liable only for the amount of damages in direct proportion to that defendant's percentage of fault. Additionally, if a plaintiff is found to bear fifty-one or more of the percentage of fault, then that plaintiff shall not be entitled to recovery.

The trier of fact shall calculate the total amount of damages and the percentage of fault of all persons who contributed to a plaintiff's injury. The assessments and findings of fact regarding the fault of a nonparty shall only be used for the determination of the fault of the named parties and not as evidence of liability in any action.

This act is similar to SB 821 (2022), a provision in SB 1243 (2022), SB 381 (2021), HB 1310 (2021), SB 845 (2020), HB 2242 (2020), SB 678 (2018), in SCS/SB 1102 (2018), SB 383 (2017), SB 736 (2016), HB 2287 (2016), SB 140 (2015), in SCS/SB 589 (2014), SB 830 (2014), SB 846 (2014), SB 609 (2012), in HCS/HB 1298 & 1180 (2012), SB 211 (2011), and HB 364 (2011).

KATIE O'BRIEN

Statutes affected:
Introduced (3170S.01): 537.067

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Senate Committee Minutes:
SENATE COMMITTEE MINUTES Bill No.: SB 826
Sponsor: Gregory (21)
Hearing Date: 4/8/2025


COMMITTEE: General Laws

CHAIRMAN: Trent

DATE REFERRED: 3/27/2025 DATE HEARING REQUESTED:



STAFF:
Bryce Beal
Victoria Hooker
Scott Svagera


WITNESSES GIVING INFORMATION:



WITNESSES FOR:
Duane Mueller - Magruder Paving, LLC
Ray McCarty - Associated Industries of Missouri
Michael R Gibbons - Associated General Contractors
Rich AuBuchon - Missouri Civil Justice Reform Coalition & American Property Casualty Insurance Association
Luke Reed - Missouri Chamber of Commerce and Industry
Seth Ricketts - Ricketts Farm Service, Inc.
Dale Williams - MAPA
Jacob Scott - Missouri State Medical Association


WITNESSES AGAINST:
Randy Alberhasky