MISSOURI

Negligence / Personal Injury
5 Years Within five years:
(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated; Mo. Ann. Stat. § 516.120
Accountant Malpractice
5 Years Within five years:
(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated; Mo. Ann. Stat. § 516.120

Lessee’s action accrued, and five-year statute of limitations began to run, when she was exposed to toxic chemical
Grady v. Amrep, Inc., 139 S.W.3d 585 (Mo. Ct. App. 2004)
Wrongful Death
3 Years Every action instituted under section 537.080 shall be commenced within three years after the cause of action shall accrue. Mo. Ann. Stat. § 537.100
Medical Malpractice
2 Years All actions against physicians, hospitals, dentists, registered or licensed practical nurses, optometrists, podiatrists, pharmacists, chiropractors, professional physical therapists, and any other entity providing health care services and all employees of any of the foregoing acting in the course and scope of their employment, for damages for malpractice, negligence, error or mistake related to health care shall be brought within two years from the date of occurrence of the act of neglect complained of... Mo. Ann. Stat. § 516.105
Products Liability
5 Years

Within five years:
(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated; Mo. Ann. Stat. § 516.120

Discovery:

For the purpose of determining where a cause of action “originates,” courts look to when a cause of action “accrues,” as set forth in § 516.100 and have equated “originated” with “accrued,” as used in that statute. Id. at 871. See also Renfroe v. Eli Lilly & Co., 686 F.2d 642, 647 n. 9 (8th Cir.1982). Section 516.100 describes “accrued” as: “the cause of action shall not be deemed to accrue when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment[.]” So, for the purpose of applying § 516.190, a “cause of action shall not be deemed to” originate where “the wrong is done or the technical breach of contract or duty occurs, but,” where “the damage resulting therefrom is sustained and capable of ascertainment.” “A cause of action accrues when and originates where damages are sustained and are capable of ascertainment.” Day v. DeVries & Assocs., P.C., 98 S.W.3d 92, 95–96 (Mo.App.2003), quoting Elmore v. Owens–Illinois, Inc., 673 S.W.2d 434, 436 (Mo. banc 1984). Therefore, determination of the location *244 where a cause of action originates involves a two-step process: first, the identification of the “damage resulting therefrom”; and, second, locating where the damage so identified was sustained and became capable of ascertainment.

Natalini v. Little, 185 S.W.3d 239, 243-44 (Mo. Ct. App. 2006)

Intentional Torts
2 Years
Fraud
10 Years (5) An action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.
Mo. Ann. Stat. § 516.120

Fraudulent concealment does not toll statute of limitations for fraud beyond what is provided for in statute of limitations governing fraud actions and does not require actual discovery of fraud before statute begins to run.
Cullom v. Crittenton, 959 S.W.2d 915 (Mo. Ct. App. 1998)
Municipal Liability/Sovereign Immunity
Doctrine exists, however, suits permitted for compensatory damages for injuries caused by negligent acts of public employees in operation of motor vehicles, and other specific negligent acts.
Discovery Rule
SOL runs from date injury is, or should have been, discovered. See specific rules for medical malpractice actions.
Comparative Negligence
Applies.
Charitable Immunity
Abolished.
Disabilities
For infancy (21st birthday) or insanity, statute begins to run on removal of disability.
Damages
Cap on noneconomic damages for all plaintiffs is $350,000, irrespective of number of defendants.
Punitive Damages
Allowed where injuries are negligently caused and the negligence is of such aggravated form or attended by such circumstances as to be wanton or reckless in character. Caps: None
No-Fault Insurance
None
Consumer Fraud Complaint
Missouri Office of the Attorney General, Consumer Protection Division
http://ago.mo.gov/Consumer-Protection.htm
(800)392-8222 (Consumer Protection Hotline)

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