When someone is injured in an accident, one of the first questions asked is, “Who was negligent?” In Missouri, negligence is the foundation of most personal injury claims, and understanding how it’s defined and proven is essential for anyone seeking compensation.

What Is Negligence Under Missouri Law?

Negligence in Missouri refers to a failure to exercise the level of care that a reasonably prudent person would use in a similar situation. This failure often results in harm or injury to another person. To win a negligence case in Missouri, the injured party must prove four key elements:

1. Duty of Care: The defendant owed the plaintiff a legal duty to act with reasonable care.
2. Breach of Duty: The defendant failed to meet that standard of care through action or inaction.
3. Causation: The breach of duty directly caused the plaintiff’s injury.
4. Damages: The plaintiff suffered actual harm, such as medical bills, lost wages, or pain and suffering.

Missouri’s Comparative Fault Rule

Missouri follows a pure comparative fault system. This means that even if an injured person shares some responsibility for the accident, they can still recover damages. However, their compensation will be reduced by their percentage of fault. For example, if you were 20% at fault for a car accident and awarded $100,000, you would receive $80,000.

Common Examples of Negligence

Negligence can occur in many ways, including:

• A driver texting behind the wheel and causing a crash.
• A property owner failing to fix a dangerous condition, such as a broken step.
• A business ignoring safety protocols that lead to customer injuries.

Proving Negligence in Court

Proving negligence requires strong evidence, including witness statements, police reports, photographs, and expert testimony. Insurance companies often try to minimize payouts, making legal representation critical to ensure a fair outcome.

At AGH Law, we help Kansas City residents understand their rights and pursue justice after injuries caused by negligence. Whether your case involves a car accident, slip-and-fall, or another personal injury, we can guide you through every step of the legal process.