Negligence in Missouri
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A Missouri fact pattern
Negligence in missouri.
Statute of limitations
5 years
Mo. Rev. Stat. § 516.120
Five years from when the cause of action accrued. That number is long. Do not treat it as a reason to wait.
- Medical files are not this statute. Those are two years under § 516.105.