Missouri · Comparative Negligence

Missouri Comparative Negligence Rule

Missouri follows a pure comparative rule under Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983). Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Updated 2026-05-22 · See all 50 states

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Key facts: Missouri

Rule type
Pure comparative

Claimant can recover at any percentage of fault; damages are reduced proportionally.

Max fault to recover
No cap (99%)
Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983) →
How recovery works
Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.
Last verified
2026-05-22
Source type
Primary (court opinion)

Details for Missouri

Pure comparative fault adopted by the Missouri Supreme Court in Gustafson v. Benda under the Uniform Comparative Fault Act framework. Mo. Rev. Stat. § 537.765 codifies pure comparative fault for products-liability claims.

Related: Missouri statute of limitations

Missouri gives you 5 years to file a personal injury lawsuit under Mo. Rev. Stat. § 516.120.

See the full Missouri statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Missouri attorney before relying on it.

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Missouri Comparative Negligence FAQ

What comparative negligence rule does Missouri follow?

Missouri follows a pure comparative rule under Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983). Claimant can recover at any percentage of fault; damages are reduced proportionally. Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Can I still recover if I was partly at fault for the accident in Missouri?

Yes. Missouri uses pure comparative negligence, so you can recover damages even if you were mostly at fault. Your recovery is reduced by your percentage of fault.

How does this affect settlement negotiations in Missouri?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Missouri is a pure-comparative state, even a contested-liability case has settlement value; the only question is the size of the discount.

What is the personal injury statute of limitations in Missouri?

Missouri gives you 5 years to file a personal injury lawsuit under Mo. Rev. Stat. § 516.120.

Where can I read the actual rule?

The controlling authority is Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983). The full text is available at https://law.justia.com/cases/missouri/supreme-court/1983/63857-0.html.

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