Personal Injury By Negligence in Missouri
Negligence is a legal theory that determines liability but is defined differently in each state. In general, to be negligent is to violate a duty you owe to another individual. Common instances of negligence include not paying attention while driving, leaving a child whom you have supervision of unattended, or failure to maintain a safe environment for others.
Missouri recognizes comparative negligence, which means that if a plaintiff is partially responsible for their own injuries, they may only collect damages in proportion to the opposing side’s fault. Missouri courts do not recognize contributory negligence, which means the plaintiff cannot recover any damages if they are found to be even slightly responsible for the accident or personal injury.
In a personal injury civil court, negligent elements are derived from several factors:
- The defendant owes the plaintiff a commitment to act, or refrain from committing an act
- The defendant failed to commit or refrain from committing this act
- This failure to commit or refrain from committing cause personal injury to the plaintiff
- The plaintiff suffered actual, measurable damages such as hospital bills, lost wages, or even their life
Read more about Missouri Revised Statute Section § 537.060.1
Please note, the best way to determine negligence is to speak with a Kansas City personal injury attorney in person. I am just such an attorney who has spent the last 20 years evaluating negligence in Kansas City in both Kansas and Missouri. Contact my firm today by phone or by email for a free consultation.