MISSOURI GUIDE 17
Missouri Pure Comparative Fault & Crash Liability
Missouri follows pure comparative fault. Under Gustafson v. Benda and Missouri’s approved civil-instruction framework, a plaintiff’s fault reduces damages in proportion to the percentage of fault assessed but does not by itself completely bar recovery.
- Identify all parties whose fault may properly be submitted.
- Preserve physical, electronic and witness evidence relevant to causal fault.
- Do not apply a generic 50% or 51% claimant-fault bar to ordinary Missouri negligence claims.
- Evaluate joint-and-several-liability consequences separately under current Missouri statutes.
Primary Missouri Authority
Supreme Court of Missouri — MAI Comparative Fault General Comment
Current-law review: September 16, 2026. Missouri comparative fault is principally grounded in case law and approved jury-instruction doctrine.
VictimsGuide 