Legal Articles

Comparative Fault/Negligence; Contributory Fault/Negligence

The law in Missouri used to be that contributory negligence was a complete bar to a plaintiff recovering any damages against a defendant for negligence. Under the contributory negligence rule, a plaintiff was prohibited from recovering damages if the plaintiff’s own negligence directly contributed in any way to the injuries. Gramex Corp. v. Green Supply,…

Damages to Real Property, Measure of Damages, Fair Market Value

In cases dealing with damages to real property (e.g., nuisance, trespass, inverse condemnation, etc.), the measure of damages is generally the difference in the (1) fair market value of the property before and after the injury or the (2) cost of restoring the property, whichever is the lesser amount. Farmer’s Mut. Fire Ins. Co. v….

Negligence, Third-Parties

Negligence requires a showing of (1) the existence of a duty to protect the plaintiff from injury, (2) breach of the duty, (3) causation and (4) an injury to plaintiff. Thiele v. Rieter, 838 S.W.2d 441, 442 (Mo. Ct. App. 1992). Foreseeability is key in determining whether a duty exists. Wieland v. Owner-Operator Servs., Inc., 540 S.W.3d 845, 848 (Mo. 2018)….

Scroll to Top