Missouri Tort Laws

Tort law is likely what comes to mind for many people in Missouri when they think about the term “lawsuit.” In general, a tort refers to a civil wrong, act, or omission that causes injury or harm to another person, who is then entitled to receive compensation. In 2023, more than 2,540 claims were filed with the state’s Tort Victims’ Compensation Fund by plaintiffs in tort cases who were seeking to obtain the monetary payment they deserved.

Mass tort cases, which fall under the tort category, involve multiple plaintiffs against a single defendant, commonly a large corporation. In 2022, a mass tort case involved hair care manufacturer L'Oréal; it was originally sued by a Missourian woman who alleged that its hair products caused her uterine cancer. The lawsuit has since gone nationwide.

Going against huge corporations like the one mentioned above can be intimidating, which is why it is important to be aware of the legal avenues available to victims. The article below outlines the basics of Missouri tort and mass tort laws and gives additional resources for those in need of legal help.

Basic Tort Categories in Missouri

Negligent Torts

Negligent torts occur whenever a defendant, also known as a tortfeasor, fails to exercise the standard of care required by the law and, as a result, causes injury to another. 

The law requires everyone to be as careful as a reasonable person would be in the same situation. In layman’s terms, one has to exercise the care called for in the situation one is in. For example, one who is behind the wheel of a car must not be drunk and must follow all the traffic rules. 

Intentional Torts

Intentional torts refer to those committed by a deliberate action of the infringing party. Unlike negligent torts, the defendant in an intentional tort fully intends the negative outcome of their actions. Some common kinds of intentional torts are:

• Assault.

• Battery.

• Defamation.

• Fraud.

• Conversion.

• Invasion of privacy.

Strict Liability Torts

In strict liability tort cases, it doesn't matter if the defendant intended to cause harm or was negligent — they may still be held liable for the plaintiff’s losses. This is because the very occurrence of the tortious action already establishes liability.

In Missouri, dog bites are a common kind of strict liability tort. Whether or not a dog owner knows that their pet is violent, the court may hold them civilly liable for damages if their pet hurts a person.

Other Tort Categories in Missouri

There are multiple ways in which one’s rights may be violated; sometimes, the harm is not physical in nature. In line with this, here are two more kinds of torts in Missouri that readers should know about:

• An economic or business tort involves commercial transactions, generally resulting in pure economic loss. Economic torts may happen when one party tricks another party into signing a contract using lies or false information. Other examples include infringing on one’s intellectual property rights and making slanderous statements about a business. 

• Nuisances occur whenever a private citizen or the general public are prevented from exercising their rights. Playing loud music that disrupts a person’s right to sleep and improperly disposing of foul substances that disrupt the public’s right to a healthy environment are forms of private and public nuisances, respectively.

Tort vs. Crime in Missouri

Torts and crimes share many similarities. Because of this, a tortious action may also be a criminal offense in particular instances, like in the case of drunk driving.

Both a tort lawsuit and a criminal case seek to discourage negative behavior from the general public. However, there are fundamental differences between the two.

For starters, torts are governed by civil law, while crimes fall under the area of criminal law. From this distinction, several differences become apparent:

In criminal cases, the prosecution must prove that the accused party is guilty beyond a reasonable doubt. This means they should be completely certain of the accused’s guilt. For civil cases, the standard of proof is much lower; it requires only a preponderance of the evidence, which involves proving that the plaintiff’s assertions are likely.

Mass Torts in Missouri

Tort cases in Missouri do not always involve a single victim. There are times when the action or inaction of a person or entity ends up harming numerous individuals. It is in these instances that a mass tort case may be applicable.

The L'Oréal lawsuit mentioned above is one example of a mass tort case; it made a product available to the public that caused widespread damage or losses.

For a mass tort case to proceed, several victims essentially join together to sue the offending party. This shows a key advantage of resorting to mass tort cases instead of suing as individuals — there is strength in numbers. It is harder to keep an issue out of the public eye if there are multiple complainants going to court at once.

This route also presents a chance to consolidate the related cases within a single court, preventing a deluge of similar cases from clogging multiple dockets in separate courts.

Mass Torts vs. Class Actions

Class action lawsuits and mass tort cases have various similarities. Both involve multiple plaintiffs going against a single defendant. However, there are key differences in how the court treats both cases:

The Mass Tort Process

The mass tort process in Missouri typically follows this order:

1. A tort victim decides to file a case, typically with the assistance of a Missouri lawyer, who can walk them through the next steps needed to successfully sue before the court.

2. The lawyer reviews the victim’s case. During the process, they may determine that the victim can join a mass tort action if there are sufficient factual and legal similarities between the case and other injured parties’.

3. Once sufficient uniformity is established, multidistrict litigation may proceed. This is where several suits that would normally be filed in different courts are submitted to one federal court. Multidistrict litigation allows a case to spread beyond the limits of a state and even throughout the entire country.

4. Bellwether trials take place. During this process, the court samples a selection of representative cases and determines if they have a decent chance of succeeding. The court essentially tests if the litigation is worthy of its time to avoid wasting resources on losing claims. Bellwether trials give an idea of how the other cases within the same mass tort action might turn out.

5. If the bellwether cases succeed, the other individual cases under the same action will proceed. This often leads to settlements or resolutions wherein each case does not have to go to trial.

6. As each case is treated differently, individual plaintiffs retain the option to settle in lieu of pursuing a case to trial and filing an appeal, if necessary. Victims and their lawyers should note that one case may be more complex than others and take more time.

Missouri Tort Liability Insurance Requirements

Given how expensive and time-consuming it is to be part of a tort case in Missouri, it is understandable for the state to require liability insurance in settings where getting sued is likely, like if one causes an accident that leads to losses.

Car owners must have liability insurance for their vehicles up to the following limits:

• $20,000 per person for bodily injury.

• $50,000 per accident for bodily injury.

• $25,000 per accident for damage to property.

Trucking businesses also have their own specific insurance requirements, based on factors such as the type of truck involved and what is being transported. 

Moreover, there are separate requirements for trucks that travel interstate and within the state. For instance, a truck company that travels interstate must have liability insurance ranging from $750,000 to $5 million, depending on the cargo being carried.

The Statute of Limitations for Tort Cases in Missouri

Tort cases within the state of Missouri must be brought in court within five years from the occurrence of the accident or the discovery of the victim’s injury.

Taking note of the deadline is important, as filing a case past it means that the action can no longer proceed. The law does not want citizens to sleep on their rights; hence, it urges victims to take legal action in a timely manner. Additionally, taking one’s time to file a case may lead to evidence getting lost or going stale with the passage of time.

How Much Can Someone Sue in a Tort Case in Missouri?

The amount that a plaintiff in a Missouri tort case may recover depends on the amount of damages they can prove through the evidence.

In general, there are three kinds of damages one may recover in a tort case:

• Economic damages refer to tangible and quantifiable losses that one has sustained due to the occurrence of a tort. Examples include past and future medical expenses, the loss of one’s earning capacity, lost wages, and rehabilitation costs. The pieces of evidence one can use to prove these damages include medical bills and payslips. 

• Non-economic damages pertain to losses that don't have a clear dollar value, like pain and suffering or the loss of enjoyment of life. Other examples include physical and mental anguish, injury to one’s reputation, and loss of consortium. These are, by their nature, not easy to translate into monetary terms, but the court typically sets an award it deems fair.

• Punitive damages are awarded separately from economic and non-economic damages and are meant to make an example of the defendant and punish them for particularly egregious conduct. It is awarded when their behavior is reckless, wantonly negligent, or intentional.

Note that economic and non-economic damages may be capped in certain instances. When suing a government entity, economic damages have a $441,130 limit, while non-economic damages are capped at $460,499. For medical malpractice, the caps are $400,000 for non-catastrophic injuries and $700,000 for catastrophic injuries.

Other Legal Remedies in Tort Cases in Missouri

In Missouri, a tort plaintiff has other options to seek justice apart from claiming damages. To obtain compensation, they may also look toward restitution or an injunction for relief.

Restitution may be the proper remedy if a defendant unjustly enriches themselves at the expense of the plaintiff. The court will order them to pay the plaintiff an amount based not on how much the plaintiff lost but on how much they gained.

An injunction is when the court orders someone to do something or stop doing something. Injunctions come in three forms: temporary restraining orders, preliminary injunctions, and permanent injunctions.

Temporary restraining orders are for the most urgent cases and may not even require notice from the other party. On the downside, they last the shortest time, from 10 to 15 days at most. 

A temporary restraining order can be elevated into a preliminary injunction following notice and hearing, and this lasts until the end of the court proceedings at least. If the party who obtained the preliminary injunction prevails, the injunction could become permanent.

Resources for Tort Victims in Missouri

The Missouri Bar Lawyer Search

The Missouri Bar’s Lawyer Search tool enables members of the general public — including victims of torts and mass torts — to look for attorneys who can help them with their legal concern. The lawyers on the system are all registered and qualified members of the state bar and could be filtered by city, county, and zip code.

Kansas City Metropolitan Bar Association Lawyer Finder

The KCMBA Lawyer Finder allows residents of Kansas City to search for attorneys within the area. Lawyers may be filtered by languages spoken, legal field, and any other states they may be licensed in.

The Bar Association of Metropolitan St. Louis - Find a Lawyer

The Bar Association of Metropolitan St. Louis has a find-a-lawyer tool that links residents of the city to available legal counsel. The attorneys are grouped based on their area of expertise.

JAMS St. Louis Mediation, Arbitration and ADR Services

JAMS St. Louis Mediation, Arbitration and ADR Services provides parties in St. Louis with alternatives to litigation when faced with civil law matters, such as torts or business disagreements. The JAMS St. Louis Resolution Center connects members of the general public with neutral third parties — like arbitrators, mediators, and alternative dispute resolution professionals — who are skilled in resolving conflicts. Cases of local or global scope are accepted by the center.