If you’ve suffered a personal injury in Kansas City, Missouri, and are considering legal action, one important concept you may encounter is comparative fault.
Whether you’ve been hurt in a dog bite incident, a car accident, or a slip-and-fall, understanding how comparative fault works is essential. This principle plays a crucial role in determining the compensation you may be entitled to receive for your injuries.
In Missouri, personal injury cases can be impacted significantly by comparative fault, which means that your level of responsibility for the accident or injury can reduce the amount of compensation you recover.
It can get a little tricky, but don’t worry—when you work with our dedicated lawyer at The Tourigny Law Firm LLC, we can guide you through the process, making sure you understand how it affects your case and how to pursue the best possible outcome.
What Is Comparative Fault?
Comparative fault refers to the legal concept where more than one party may be found at fault for an accident. In Missouri, this operates under a "pure comparative fault" system.
What that means is that your compensation can be reduced based on your percentage of fault for the incident that led to your personal injury. For example, if you’re found to be 30% at fault in an accident, your potential damages would be reduced by 30%.
This is different from a system where you might not be able to recover anything if you're partially at fault, which is the case in some other states with "contributory negligence" rules. But in Missouri, even if you're found to be partially responsible for the accident, you can still recover compensation, as long as your fault doesn't exceed 50%.
How Comparative Fault Applies in Personal Injury Cases in Missouri
Missouri law requires that any fault on your part be weighed when determining the total amount of damages you can recover. For instance, in a dog bite case, if you were trespassing on someone's property and were bitten by a dog, your actions might be considered in determining fault.
The owner of the dog may also bear part of the fault, depending on whether they were negligent in controlling the dog.
If you were found to be 10% responsible for the bite (e.g., you provoked the dog in some way or were on private property without permission), your compensation would be reduced by that 10%.
However, even if you were 10% at fault, you could still recover 90% of your damages. This kind of system encourages fair assessments of responsibility, but it can also complicate things if you're involved in a case where both parties have some level of blame.
Dog Bite Injury and Comparative Fault Example
Let’s say you're bitten by a dog while walking down the sidewalk in Kansas City. You might think the dog owner is solely responsible, but under comparative fault, the case could be more complicated. If you approached the dog in an aggressive manner or ignored a "Beware of Dog" sign, the court might find that you share some responsibility for the injury.
Even if the dog was unprovoked, your actions could reduce the compensation you receive. This is where having an experienced personal injury lawyer is critical. Your attorney can help investigate all aspects of the situation, make sure that you’re not unfairly blamed for part of the injury, and fight for your right to fair compensation.
Why You Need a Lawyer to Help with Comparative Fault
The role of a lawyer in a Missouri personal injury case involving comparative fault is incredibly important. A skilled lawyer can help you build a strong case by investigating the details, gathering evidence, and speaking to witnesses. They’ll also work to prove that the other party is mostly or entirely responsible for the injury, and will aim to reduce or eliminate any blame placed on you.
Without proper legal representation, you might find yourself undercompensated or blamed for things that aren’t your fault. Missouri’s legal system allows defendants (and insurance companies) to argue that you share some fault, so having an experienced lawyer is critical to assuring that the percentage of fault attributed to you is as low as possible.
Car Accident Example
Imagine you’re in a car accident in Kansas City, where another driver runs a red light and causes a crash. However, you were speeding just before the crash, making it harder for you to stop in time. The insurance company may argue that your speed contributed to the accident and try to reduce your compensation.
A lawyer will be able to challenge these claims, work to minimize the percentage of fault attributed to you, and help demonstrate that the other driver’s negligence played a larger role in the accident. With the proper defense and support, your lawyer can assure you’re compensated fairly, despite any claims of comparative fault.
Missouri’s "Pure Comparative Fault" System
Missouri follows a "pure" comparative fault system, which is more lenient than other systems like modified comparative fault or contributory negligence. Under Missouri law, you can still recover compensation even if you're found to be 99% at fault for the incident.
For example, in a dog bite case where you’re found to have provoked the dog, but the owner did not take necessary precautions to prevent the bite, you could still recover compensation for your injuries.
If the jury determines that the dog’s owner was 75% at fault and you were 25% at fault, you’d still recover 75% of your total damages. The idea behind this system is that it's important to hold negligent parties accountable, even if the victim shares some responsibility for the incident.
The Missouri statute related to comparative fault is found in Missouri Revised Statutes, Section 537.765. It allows for the reduction of damages based on the plaintiff’s fault but doesn’t bar recovery outright, even if they’re found to be partially at fault.
How Comparative Fault Affects Dog Bite Claims
Dog bites are often considered under personal injury law, as they involve negligence on the part of the dog’s owner. Missouri has specific laws about how dog owners must control their pets, especially if they know the dog has a history of aggression.
However, in dog bite cases, comparative fault can come into play in a number of ways:
Trespassing: If the victim was on the property where the dog lived without permission, this could affect fault.
Provocation: If the person who was bitten provoked the dog, their actions could contribute to the incident, reducing their recovery.
Contributory negligence of the dog owner: If the owner failed to keep the dog properly restrained, they may be held liable for not preventing the bite.
Let’s say the dog owner was negligent by not securing their dog in a fenced yard, but the injured person was teasing or antagonizing the dog. A lawyer can argue that while the victim’s actions played a role in the incident, the dog owner should still bear most of the responsibility.
The Importance of Legal Support in Dog Bite Cases
A personal injury lawyer who understands Missouri's comparative fault system is crucial to obtaining fair compensation after a dog bite. They’ll help you evaluate all the facts of the case, determine where fault lies, and fight to recover damages.
Even if you believe the dog owner is fully at fault, a comparative fault defense could reduce the settlement or award you might receive. Your lawyer will work to minimize this impact, and if necessary, will prepare to argue your case in court.
According to a report by the National Conference of State Legislatures (NCSL), over 40 states in the U.S. use some form of comparative fault to determine personal injury compensation, with some using pure comparative fault (like Missouri) and others using modified versions of the rule.
Missouri's approach to comparative fault is consistent with a more modern approach, which allows for a more nuanced understanding of responsibility in accidents. This allows injured parties to receive compensation even when they share partial responsibility for an accident or injury.
The role of comparative fault in Missouri personal injury claims can’t be overstated. If you're hurt in an accident or dog bite incident, the amount of compensation you can receive will depend not only on the severity of your injuries but also on how much responsibility you share for the event.
While Missouri’s pure comparative fault system allows you to recover damages even if you’re partially at fault, it’s essential to have an experienced personal injury lawyer by your side to make sure you’re treated fairly and your compensation is maximized.
Contact Us Today
A dedicated personal injury lawyer can make a significant difference in the outcome of your case, guiding you through the process and assuring you receive the compensation you need to recover. If you’re in Kansas City, Missouri, and need help with your personal injury claim, reach out to a trusted legal professional today at The Tourigny Law Firm LLC!
