Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

MISSOURI

Negligence / Personal Injury

5 years with Discovery Rule.

Wrongful Death

3 years or 10 years with Accrual Rule.

Medical Malpractice

2 years with Discovery Rule.  Infant under 18 has until 20th birthday to bring action.  Foreign object, within 2 years of discovery, maximum of 10 years from date of occurrence, or minor’s 20th birthday.

Caps:
Limit on non-economic damages adjusted annually for inflation; set at $565,000 in 2004.

Malpractice (Other Professions)

5 years

Products Liability

5 years with Discovery Rule.

Intentional Torts

2 years

Fraud

5 years.  Cause of action does not accrue until time of discovery by aggrieved party, any time within 10 years of the facts constituting the fraud.

Municipal Liability/Sovereign Immunity

Limited. 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 except for some limited exceptions.

Disabilities

For infancy (21st birthday) or insanity, statute begins to run on removal of disability. SOL does not run during absence or concealment of defendant. But no action to recover real property or possession thereof may be commenced later than 21 years after cause of action or right of entry accrued or 3 years after disability has been removed.

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)