MO
Fracture settlements
in Missouri.
A man who fell head first out of a spinning gyroscope ride at a fundraiser and fractured a joint in his neck won $1.5 million, and the verdict held. A woman whose ribs broke during a chiropractic adjustment had her case dismissed, then revived on appeal.
Facts that decide a fracture claim in Missouri
| Assumption of risk | Implied secondary assumption of risk no longer bars a claim; the plaintiff’s conduct goes to comparative fault.Payne v. Fiesta Corp. (Mo. Ct. App. 2018), quoting Coomer |
|---|---|
| A known risk is not a defense by itself | A provider cannot win summary judgment just by showing fractures are a listed risk of treatment when there is evidence the treatment was negligent.Ragsdale v. Charlton (Mo. Ct. App. 2024) |
| Deadline against health care providers | Claims against physicians, hospitals, chiropractors, physical therapists and other providers must be brought within two years from the date of the act of neglect, with limited exceptions.Mo. Rev. Stat. § 516.105 |
| Deadline to sue | Five years for an action “for any other injury to the person or rights of another, not arising on contract.”Mo. Rev. Stat. § 516.120(4) |