Section 10 Plaintiff’s Fault

• Library: Damages 2012

Even though Missouri adopted comparative fault in negligence actions in 1983, Missouri courts continued to adhere to the principles of contributory negligence in product liability actions such that the plaintiff’s fault was a complete bar to recovery for the plaintiff. Lippard v. Houdaille Indus., Inc., 715 S.W.2d 491 (Mo. banc 1986). In Lippard, the Court invited the Missouri legislature to change the law. In 1987, the Missouri legislature responded to this invitation by enacting § 537.765, RSMo 2000, which abolished contributory fault as...