Individual States 

MISSOURI

ASSUMPTION OF RISK

Any fault chargeable to the plaintiff shall diminish proportionately the amount awarded as compensatory damages but shall not bar recovery. Mo. Ann. Stat. §537.765 .

CAPS ON NONECONOMIC DAMAGES

There are no exclusive Products Liability statutes under this category.

COLLATERAL SOURCE RULE

If prior to trial a defendant or his insurer or authorized representative, or any combination of them, pays all or any part of a plaintiff's special damages, the defendant may introduce evidence that some other person other than the plaintiff has paid those amounts. The evidence shall not identify any person having made such payments. Mo. Ann. Stat. §490.715 .

COMPARATIVE FAULT

Claimant's negligence does not bar recovery, but pure comparative fault is adopted for all product liability claims. Mo. Ann. Stat. §537.765 .

ECONOMIC LOSS

There is no recovery in tort where the only damage is to the product sold. Sharp Bros. Contracting Co. v. Am. Hoist & Derrick Co., 703 S.W.2d 901 (Mo.1986) .

Where damage is claimed to property other than the product sold, the economic loss doctrine is not applicable. Clayton Center Assoc. v. W.R. Grace & Co., 861 S.W.2d 686 (1993) .

JOINT & SEVERAL LIABILITY

In all tort actions for damages, in which fault is not assessed to the plaintiff, the defendants shall be jointly and severally liable. Where fault is assessed to plaintiff the defendants shall be jointly and severally liable except where one of the parties moves for reallocation of any uncollectible amounts. Mo. Ann. Stat. §537.067

PUNITIVE DAMAGES

Punitive damages are recoverable if the fact-finder concludes that the defendant knew of the defect and danger in the product and that by selling the product with that knowledge, the defendant showed complete indifference to or conscious disregard for the safety of others. Additionally, punitive damages may be awarded only if supported by clear and convincing evidence. Rodriguez v. Suzuki Motor Corp., 936 S.W.2d 104 (Mo. banc 1996) .

RIGHT TO CONTRIBUTION

The right of contribution exists among tortfeasors. When an agreement by release, covenant not to sue or not to enforce a judgment is given in good faith to one joint tortfeasor, it shall not discharge any other tortfeasor, unless the terms of the agreement so provide; however such agreement shall reduce the claim by the stipulated amount of the agreement. It discharges the tortfeasor to whom it is given from all liability for contribution or non-contractual indemnity to any other tortfeasor. Mo. Ann. Stat. §537.060 .

STATUTES OF LIMITATIONS

Personal injury and property damage actions must be brought within five years. Mo. Ann. Stat. §516.120 .

Wrongful death actions must be brought within three years. Mo. Ann. Stat. §537.100 .

Breach of warranty actions must be brought within four years. Mo. Ann. Stat. §400.2-725 .

SPECIAL DEFENSES

State of the art shall be a complete defense and relevant evidence only in an action based upon strict liability for failure to warn of the dangerous condition of a product. Mo. Ann. Stat. §537.764 .

A manufacture will not be liable in strict liability if an unforeseeable substantial change or abnormal use of the product has occurred. Williams v. Deere & Co., 598 S.W.2d 609 (Mo. App. 1980) .

STATUTES OF REPOSE

There is no statute of repose for product liability actions in Missouri.

STRUCTURED SETTLEMENT

There are no exclusive Products Liability statutes under this category.