Bill > HB1540

This bill establishes a comprehensive framework for comparative negligence in personal injury, property damage, and wrongful death lawsuits in Missouri. Under the proposed law, plaintiffs can still recover damages even if they are partially at fault, but their recovery will be reduced proportionally to their percentage of fault. Specifically, if a plaintiff is found to be 50% or more responsible for the incident, they will be completely barred from recovering any damages. The bill requires the court or jury to determine the total potential damages, calculate the percentage of fault for each party (including the plaintiff and any third parties), and then reduce the plaintiff's damages accordingly. For cases with multiple defendants, the court must allocate fault percentages and enter judgments proportionally. The bill eliminates joint and several liability for plaintiffs who are 50% or more at fault and mandates that juries be instructed on how to apply these comparative fault principles. These provisions will take effect for any cause of action arising on or after August 28, 2025, representing a significant change to Missouri's current negligence laws by implementing a more nuanced approach to determining damages in civil cases.