Section 15 Comparative Fault

• Library: Prof Liability 2005

In consideration of defenses, whether a cause of action is based on negligence or strict liability, Missouri law now provides for the concept of comparative fault. In Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983), Missouri, although not “adopting” the Uniform Comparative Fault Act, §§ 1–6, 12 U.L.A. 123 (1996), held that the provisions of the act should be followed when practicable unless any provision conflicted with Missouri law.

It would appear that the defense of comparative fault is available to...