When someone is injured due to another person’s careless actions, the concept that often determines legal responsibility is negligence. In Missouri personal injury cases, proving negligence is essential to recovering compensation for medical bills, lost wages, and other damages. Understanding how Missouri law defines and applies negligence can help you better protect your rights.

At Allen Injury Law, LLC, we provide legal assistance to the Clayton public and help injury victims pursue the compensation they deserve.

What Is Negligence Under Missouri Law?

In Missouri, negligence occurs when a person fails to use the level of care that a reasonably careful person would use under similar circumstances. When that failure causes harm to someone else, the injured party may have grounds for a personal injury claim.

Negligence is not about intentional harm. Instead, it focuses on careless or reckless behavior that results in injury. Common examples include distracted driving, failing to clean up a spill in a store, or ignoring known safety hazards.

The Four Elements of Negligence

To succeed in a Missouri negligence claim, the injured party must prove four key elements:

1. Duty of Care

The defendant must have owed a legal duty of care to the injured person. For example, drivers owe a duty to operate their vehicles safely, and property owners must maintain reasonably safe premises.

2. Breach of Duty

The injured party must show that the defendant breached that duty by acting unreasonably or failing to act when required. This could include speeding, running a red light, or failing to repair dangerous property conditions.

3. Causation

It must be proven that the breach of duty directly caused the injury. In other words, the harm would not have occurred if the defendant had acted responsibly.

4. Damages

Finally, the injured person must have suffered actual damages, such as physical injuries, medical expenses, lost income, or pain and suffering.

All four elements must be established for a negligence claim to succeed in Missouri.

Comparative Fault in Missouri

Missouri follows a “pure comparative fault” system. This means that even if you are partially responsible for your own injuries, you may still recover compensation. However, your recovery will be reduced by your percentage of fault.

For example, if you are found 20% at fault for an accident and awarded $100,000 in damages, your recovery would be reduced to $80,000. Insurance companies often try to shift blame onto injured victims to limit payouts, which makes strong legal representation important.

Common Negligence Cases in Missouri

Negligence claims arise in many different situations, including:

• Car, truck, and motorcycle accidents
• Slip and fall accidents
• Medical malpractice
• Workplace accidents
• Defective product claims

Each type of case has unique legal considerations, but the core principles of negligence remain the same.

Why Proving Negligence Can Be Challenging

Although the concept of negligence may seem straightforward, proving it can be complex. Evidence such as accident reports, witness statements, medical records, surveillance footage, and testimony may all play a role.

Additionally, insurance companies often dispute liability or minimize injuries. Building a strong case requires careful investigation and a clear understanding of Missouri personal injury law.

How Allen Injury Law, LLC Can Help

If you were injured because someone else failed to act responsibly, you may have a legal claim. At Allen Injury Law, LLC, we provide legal assistance to the Clayton public and work to hold negligent parties accountable. Our firm can evaluate your case, gather evidence, negotiate with insurance companies, and pursue compensation on your behalf.

Understanding the legal definition of negligence is the first step toward protecting your rights after an injury.