How does comparative fault work in Missouri?

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1. Negligence Elements.   Missouri negligence requires duty, breach, causation, and damages ( Lopez v. Three Rivers Elec. Coop. , 26 S.W.3d 151). Foreseeability shapes duty.    2. Comparative Fault Regime.   Missouri adopted   pure comparative fault   in   Gustafson v. Benda  , 661 S.W.2d 11 (Mo. 1983) (en banc), abandoning common-law contributory negligence. Adopted Uniform Comparative Fault Act §§ 1-6 by judicial decision. A plaintiff at any fault percentage recovers, reduced proportionally. MAI 32.28 patterns apply.    3. Joint and Several Liability.     R.S.Mo. § 537.067   (revised 2005) — a defendant 51% or more at fault is jointly and severally liable for the full judgment; defendants less than 51% are severally liable only for their percentage. The 2005 revision restricted J&S; prior law was broader.    4. Last Clear Chance / Sudden Emergency.   Last clear chance abolished by  Gustafson . Sudden emergency remains as MAI 14.06.    5. Settling Tortfeasors.   R.S.Mo. § 537.060 — settlement releases all claims unless terms otherwise; verdict reduced by settlement amount paid. Good-faith settlement discharges contribution under § 537.063.    6. Statute of Repose vs SOL.   Personal injury SOL is 5 years (R.S.Mo. § 516.120) — among the longest. Med-mal SOL is 2 years with 10-year repose for minors (§ 516.105). Construction repose is 10 years (§ 516.097). Product liability has no general repose.    7. Caps.   Med-mal noneconomic capped at   $472,476   (2026 adjusted; statutory $400K base for nonfatal, $700K for catastrophic, $930K for death — R.S.Mo. § 538.210). Caps survived  Sanders v. Ahmed , 364 S.W.3d 195 challenge after 2015 amendments restructured them as statutory rather than common-law. Punitive damages capped under § 510.265 at greater of $500,000 or 5× net judgment.    8. Wrongful Death Comparative.   R.S.Mo. § 537.080 wrongful death applies comparative fault; decedent's fault reduces recovery.    9. Worker Injuries.   R.S.Mo. § 287.120 WC exclusivity. Third-party suits apply  Gustafson  pure comparative.  This is legal information, not legal advice.