Missouri 2026 Regular Session

Missouri House Bill HB2714

Introduced
1/7/26  
Refer
2/12/26  
Report Pass
2/26/26  
Refer
3/2/26  

Caption

Establishes provisions relating to comparative negligence or fault in certain actions for damages

Impact

If enacted, HB 2714 would fundamentally change how comparative fault is handled in courts in Missouri. By setting a threshold of fifty-one percent for a plaintiff to be barred from recovery, the bill promotes a more equitable distribution of blame among parties involved in a legal dispute. This could lead to increased claims being processed successfully even when the plaintiff bears some percentage of fault, impacting insurance claims and legal strategies for personal injury cases. The bill aims to streamline court processes and clarify the responsibilities of all parties involved in negligence cases, potentially reducing litigation costs and time.

Summary

House Bill 2714 seeks to amend chapter 537 of the RSMo by introducing a new section pertaining to comparative negligence or fault in actions for damages. The bill stipulates that a plaintiff's own negligence does not completely bar recovery for damages, unless it is found to be fifty-one percent or more of the fault. In cases where multiple parties are involved, the bill requires that each defendant's liability be determined based on their proportional share of fault in relation to the total damages awarded, allowing for a reduction proportional to the plaintiff's fault. The provisions of this bill will be relevant for claims accruing on or after August 28, 2026.

Sentiment

The sentiment surrounding HB 2714 appears to be mixed. Supporters argue that the bill is a necessary reform to ensure fairer outcomes for plaintiffs who may be partially responsible for their injuries, enhancing access to justice. They believe that adjusting the threshold for recovery aligns with the principles of fairness and justice by allowing courts to consider the nuances of each case. However, detractors express concerns that the bill could lead to increased liability for defendants and potential abuses within the legal system, resulting in higher insurance premiums and more frivolous lawsuits. This division highlights ongoing debates about balancing victims' rights and protecting businesses or individuals from excessive claims.

Contention

Key points of contention related to HB 2714 focus on the implications of shifting liability standards. Critics of the bill are concerned that allowing a partial recovery system could incentivize negligence and lead to more lawsuits, complicating the legal landscape and burdening the court system with increased caseloads. Additionally, there are fears that this reform may promote a frequently litigious environment, wherein individuals may pursue claims with the hope of recovering at least some damages, even if they are significantly at fault. This tension illustrates the balancing act lawmakers must perform between protecting victims and ensuring fair treatment of defendants within the legal framework.

Companion Bills

No companion bills found.

Previously Filed As

MO HB1540

Establishes provisions relating to comparative negligence or fault in certain actions for damages

MO SB826

Modifies provisions relating to determinations of fault in tort actions

MO SB314

Modifies provisions relating to civil procedure, including the collateral source rule, determinations of fault, references to damages, and disclosure requirements

MO SB553

Establishes provisions relating to double recovery of civil damages from a defendant and an insurer

MO SB448

Establishes provisions relating to release of certain liabilities for unauthorized or negligent disclosure of biometric identifiers or information

MO SB268

Modifies provisions relating to civil procedure, including the collateral source rule, time-limited settlement demands, references to damages, and disclosure requirements

MO SB589

Modifies provisions relating to civil actions for childhood sexual abuse, including the statute of limitations for such actions

MO SB747

Modifies provisions relating to civil actions for childhood sexual abuse, including the statute of limitations for such actions

MO SB590

Modifies provisions relating to childhood sexual abuse actions, including the application of nondisclosure agreements in such actions

MO SB626

Establishes provisions relating to liability for inherent risks of motocross activities

Similar Bills

No similar bills found.