Missouri legislation · 2026 Regular Session
Missouri HB2714: Establishes provisions relating to comparative negligence or fault in certain actions for damages
Status: In committee, May 7, 2026
What the bill says
To amend chapter 537, RSMo, by adding thereto one new section relating to comparative negligence or fault. Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be known as section 537.769, to read as follows: 537.769. 1. In any action for damages for personal injury, property damage, or wrongful death based on negligence or an unreasonably unsafe or dangerous condition: (1) The fact that the plaintiff may have been contributorily negligent or assumed a risk shall not bar recovery by the plaintiff except as provided in subsection 2 of this section; and (2) The total da.
From the amended text:
To amend chapter 537, RSMo, by adding thereto one new section relating to comparative negligence or fault. Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be known as section 537.769, to read as follows: 537.769. 1. In any action for damages for personal injury, property damage, or wrongful death based on negligence or an unreasonably unsafe or dangerous condition: (1) The fact that the plaintiff may have been contributorily negligent or assumed a risk shall not bar recovery by the plaintiff except as provided in subsection 2 of this section; and (2) The total damages that the plaintiff would otherwise be entitled to recover shall be diminished in proportion to the amount of negligence or fault attributable to the plaintiff. 2. (1) If the plaintiff's negligence or fault is determined to be fifty-one percent or more, the plaintiff shall be barred from any recovery of damages. (2) The trier of fact shall determine: (a) The total amount of damages the plaintiff would have been entitled to recover absent any contributory fault; (b) The percentage of fault attributable to each party, including any third party who may be at fault; and (c) Any reduction of the plaintiff's damages in proportion to the fault allocated to the plaintiff. 3. If multiple defendants are found liable, the …
Sponsors
- (R, 125) · primary sponsor