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Missouri law

Product Liability Laws in Missouri.

Missouri product liability recognizes strict liability, negligence, and breach of warranty theories. Missouri has adopted the Restatement (Second) of Torts § 402A. The 5-year statute of limitations applies. Missouri has not enacted comprehensive tort reform for product liability damages — no specific noneconomic cap applies outside the general punitive-damages cap. The "innocent seller" statute (RSMo § 537.762) permits dismissal of downstream sellers where the manufacturer is available as a defendant.

Last verified: 2026-04-17

State law

Statute of Limitations

5 yearsRSMo § 516.120

5-year general statute applies to product liability claims.

State law

Damage Caps

Compensatory Damages: No cap

Missouri does not cap compensatory damages in product liability cases.

Punitive Damages: Greater of $500,000 or 5x compensatoryRSMo § 510.265

General punitive damages cap applies.

State law

Key Missouri Statutes

Strict Product LiabilityRestatement (Second) Torts § 402A; Missouri common law

Missouri has adopted strict liability for sellers of defective products unreasonably dangerous to users or consumers. Plaintiff must prove defect, causation, and damages.

Innocent Seller StatuteRSMo § 537.762

A seller other than the manufacturer may be dismissed from a product liability action when the manufacturer is a named defendant, a judgment against the manufacturer is sufficient to fully compensate plaintiff, and the seller did not create or contribute to the defect.

Design Defect (Risk-Utility)Nesselrode v. Executive Beechcraft, 707 S.W.2d 371 (Mo. 1986)

Missouri applies the risk-utility test to design defect claims, weighing the product's risks against its utility and the feasibility of alternative designs.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Missouri.

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