537.765. Contributory fault as complete bar to plaintiff's recovery abolished--doctrine of comparative fault to apply--fault of plaintiff an affirmative defense to diminish damages--fault defined. - Missouri Statutes

Contributory fault as complete bar to plaintiff's recoveryabolished--doctrine of comparative fault to apply--fault ofplaintiff an affirmative defense to diminish damages--faultdefined.

537.765. 1. Contributory fault, as a complete bar toplaintiff's recovery in a products liability claim, is abolished.The doctrine of pure comparative fault shall apply to productsliability claims as provided in this section.

2. Defendant may plead and prove the fault of the plaintiffas an affirmative defense. Any fault chargeable to the plaintiffshall diminish proportionately the amount awarded as compensatorydamages but shall not bar recovery.

3. For purposes of this section, "fault" is limited to:

(1) The failure to use the product as reasonably anticipatedby the manufacturer;

(2) Use of the product for a purpose not intended by themanufacturer;

(3) Use of the product with knowledge of a danger involvedin such use with reasonable appreciation of the consequences andthe voluntary and unreasonable exposure to said danger;

(4) Unreasonable failure to appreciate the danger involvedin use of the product or the consequences thereof and theunreasonable exposure to said danger;

(5) The failure to undertake the precautions a reasonablycareful user of the product would take to protect himself againstdangers which he would reasonably appreciate under the same orsimilar circumstances; or

(6) The failure to mitigate damages.

(L. 1987 H.B. 700 § 36)

Effective 7-1-87

(1993) Where skier suffered head injury while using an experts-only ski that was unreasonably dangerous for skier of plaintiff's ability, skier did not assume risk by using dangerous ski because defendant failed to warn against added danger and unpredictability caused by ski design. Hopfinger v. Kidder International, Inc., 827 F.Supp. 1444 (W.D.Mo.).