Modifies provisions relating to determinations of fault in tort actions
The modification of fault determinations is expected to have significant implications for how tort cases are handled in Missouri. With the implementation of several liability, defendants are no longer accountable for the full amount of damages if they are only partially at fault. This shift can lead to decreased liability costs for businesses and individuals and is seen as a boon for the insurance market as it may lower premium costs associated with high liability risks. Courts would also be required to instruct juries on fault percentage assessments, which may lead to more nuanced evaluations of each party's responsibility in tort disputes.
Senate Bill 826 seeks to amend the existing statutes regarding the determination of fault in tort actions within Missouri. The primary change proposed in this bill is the transition from joint and several liability to several liability for defendants found at fault. This means that each defendant in a tort case would only be liable for their proportionate share of the damages based on their assigned percentage of fault, rather than being jointly liable with other defendants as has traditionally been the case. This approach aims to create clearer and more equitable liability standards in tort cases, providing a more definitive framework in how damages are allocated among multiple defendants.
While supporters of SB 826 argue that it promotes fairness by aligning liability with actual fault, critics express concerns that it may undermine victims' rights to recover damages fully, especially in cases where one defendant may be underfunded or unable to pay their share of restitution. There is a fear that this bill could disproportionately affect plaintiffs in personal injury cases, particularly those who may be partially at fault in accidents where substantial damages occur, potentially complicating their ability to secure adequate compensation. These tensions highlight the broader debate about balancing liability and justice within tort law reforms in the state.