HOUSE BILL NO. 1540 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DIEHL.
3153H.02I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 537, RSMo, by adding thereto one new section relating to comparative negligence or fault.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be 2 known as section 537.769, to read as follows: 537.769. 1. In any action for damages for personal injury, property damage, or 2 wrongful death based on negligence or an unreasonably unsafe or dangerous condition: 3 (1) The fact that the plaintiff may have been contributorily negligent or assumed 4 a risk shall not bar recovery by the plaintiff except as provided in subsection 2 of this 5 section; and 6 (2) The total damages that the plaintiff would otherwise be entitled to recover 7 shall be diminished in proportion to the amount of negligence or fault attributable to the 8 plaintiff. 9 2. (1) If the plaintiff's negligence or fault is determined to be fifty percent or 10 more, the plaintiff shall be barred from any recovery of damages. 11 (2) The trier of fact shall determine: 12 (a) The total amount of damages the plaintiff would have been entitled to 13 recover absent any contributory fault; 14 (b) The percentage of fault attributable to each party, including any third party 15 who may be at fault; and 16 (c) Any reduction of the plaintiff's damages in proportion to the fault allocated 17 to the plaintiff.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1540 2
18 3. If multiple defendants are found liable, the court shall: 19 (1) Determine each defendant's share of fault as a percentage of the total fault of 20 all parties, including the plaintiff; 21 (2) Enter judgment against each defendant in an amount proportional to that 22 defendant's share of the total damages, subject to the bar under subsection 2 of this 23 section. 24 4. If it is determined that the plaintiff's percentage of fault meets or exceeds the 25 threshold stated under subsection 2 of this section, the plaintiff shall recover no 26 damages. The concept of joint and several liability shall not be applied in favor of a 27 plaintiff whose recovery is barred under subsection 2 of this section. 28 5. The court shall instruct the jury on the application of comparative fault 29 consistent with the provisions of this section, including the determination of the 30 plaintiff's percentage of fault, the defendant's percentage of fault, and the bar to 31 recovery if the plaintiff's fault meets or exceeds fifty percent. 32 6. The provisions of this section shall apply to any cause of action accruing on or 33 after August 28, 2025. ✔
Statutes affected: