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What Is Comparative Negligence? Comparative negligence is a principle of tort law that applies to casualty insurance in certain states. Comparative negligence states that when an accident occurs, the fault and/or negligence of each party involved is based upon their respective contributions to the accident.
Only four states and the District of Columbia recognize the contributory negligence rule: Alabama, Maryland, North Carolina, and Virginia.
A claimant may proceed on a negligence per se claim if the following four elements are met: (1) There was, in fact, a violation of the statute; (2) The injured plaintiff was a member of the class of persons intended to be protected by the statute; (3) The injury complained of was of the kind the statute was designed to ...
Missouri is a pure comparative negligence state, while it recognizes the legal doctrine of "comparative negligence." Under this doctrine, a plaintiff who is partially responsible for their own injuries may only collect damages in proportion to the defendant's degree of fault.
Missouri follows pure comparative negligence, which means that even if you are at some sort of fault for your accident, you can receive compensation. If the injured party was at fault in some way, damages received would be deducted in relation to the injured party's percentage of fault.
Pure Comparative Negligence - states that follow the pure comparative negligence rule, including Missouri, allow accident victims to pursue compensation even if they were up to 99% at fault in the accident.
In Missouri, negligence consists of four elements, each of which a plaintiff must prove to succeed in a personal injury case. As explained in detail below, the elements of negligence are duty, breach of duty, causation, and damages.