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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2714
103RD GENERAL ASSEMBL Y
61 19H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 537, RSMo, by adding thereto one new section relating to comparative
negligence or fault.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be
2 known as section 537.769, to read as follows:
537.769. 1. In any action for damages for personal injury , pr operty damage, or
2 wr ongful death based on negligence or an unr easonably unsafe or danger ous condition:
3 (1) The fact that the plaintiff may have been contributorily negligent or assumed
4 a risk shall not bar r ecovery by the plaintiff except as prov ided in subsection 2 of this
5 section; and
6 (2) The total damages that the plaintiff would otherwise be entitled to re cover
7 shall be diminished in prop ortion to the amount of negligence or fault attributable to the
8 plaintiff.
9 2. (1) If the plaintiff's negligence or fault is determined to be fifty-one percen t or
10 mor e, the plaintiff shall be barred fr om any re covery of damages.
11 (2) The trier of fact shall determine:
12 (a) The total amount of damages the plaintiff would have been entitled to
13 r ecover absent any contributory fault;
14 (b) The perce ntage of fault attributable to each party , including any third party
15 who may be at fault; and
16 (c) Any redu ction of the plaintiff's damages in prop ortion to the fault allocated
17 to the plaintiff.
18 3. If multiple defendants are found liable, the court shall:
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
19 (1) Determine each defendant's share of fault as a per centage of the total fault of
20 all parties, including the plaintiff;
21 (2) Enter judgment against each defendant in an amount pr oportional to that
22 defendant's share of the total damages, subject to the bar under subsection 2 of this
23 section.
24 4. If it is determined that the plaintiff's percentage of fault meets or exceeds the
25 thr eshold stated under subsection 2 of this section, the plaintiff shall rec over no
26 damages. The concept of joint and several liability shall not be applied in favor of a
27 plaintiff whose recovery is barr ed under subsection 2 of this section.
28 5. The court shall instruct the jury on the application of comparative fault
29 consistent with the pr ovisions of this section, including the determination of the
30 plaintiff's per centage of fault, the defendant's percen tage of fault, and the bar to
31 r ecovery if the plaintiff's fault meets or exceeds fifty-one per cent.
32 6. The provi sions of this section shall apply to any cause of action accruing on or
33 after August 28, 2026.
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HCS HB 2714 2