With the proposed changes, the bill enables defendants to plead and prove the fault of the plaintiff or any other entity as an affirmative defense in product liability cases. This means that any fault attributed to the plaintiff will proportionately reduce the amount awarded in compensatory damages, but will not prevent recovery altogether. Furthermore, the bill clarifies that in assessing fault, the jury will take into account all parties involved, regardless of whether they are named in the lawsuit.
Summary
Senate Bill 1565 aims to modify the existing provisions relating to determinations of fault in products liability claims within the state of Missouri. The bill proposes the repeal of Section 537.765 of the Revised Statutes of Missouri and introduces a new section that abolishes the doctrine of contributory fault as a complete bar to a plaintiff's recovery. Instead, it establishes that the doctrine of pure comparative fault shall apply, allowing for plaintiffs to recover damages even if they may share some degree of fault in the incident.
Contention
Supporters of SB1565 argue that implementing a comparative fault framework will provide a fairer approach for plaintiffs by allowing them the opportunity to recover damages even if they are partially at fault. However, there is concern among critics regarding the potential for this change to affect the accountability of manufacturers and to possibly lead to reduced incentives for negligence prevention. This shift in liability determinations may spark contention among legal experts and advocates for consumer protection who worry about the implications for both plaintiffs and defendants in future product liability cases.
Modifies provisions relating to civil procedure, including the collateral source rule, determinations of fault, references to damages, and disclosure requirements
Modifies provisions relating to civil procedure, including the collateral source rule, time-limited settlement demands, references to damages, and disclosure requirements