The bill proposes the repeal of sections 537.760 and 537.765 of the Revised Statutes of Missouri and enacts two new sections in their place, which redefine the framework for products liability claims. The new definition of a "products liability claim" includes specific conditions under which a product may be considered defective, such as having a manufacturing defect or being defectively designed due to foreseeable risks that could have been mitigated. Additionally, the bill introduces a new provision that clarifies the conditions under which a product may be deemed defective, emphasizing the importance of reasonable alternative designs and the safety of the product at the time it left the manufacturer's control. Furthermore, the bill abolishes the doctrine of contributory fault as a complete bar to recovery in products liability claims, replacing it with a system of pure comparative fault. This allows defendants to plead and prove the fault of the plaintiff or any other person as an affirmative defense, which will proportionately reduce the compensatory damages awarded but will not prevent recovery altogether. The bill also establishes that each defendant's liability is several and not joint, meaning each is only responsible for the damages corresponding to their percentage of fault. The assessment of fault will consider all parties involved, regardless of whether they are named in the lawsuit, ensuring a comprehensive evaluation of responsibility in products liability cases.

Statutes affected:
Introduced (6736H.01): 537.760, 537.765