In order to make out a prima facie case in Missouri in an action based upon a negligent tort of the defendant, the plaintiff must allege and prove that the defendant was negligent and that his negligent act was at least a part of the proximate cause of the plaintiff's damage. In order to show that the defendant was negligent the plaintiff must show that there was a legal duty to use care resting upon the defendant and owed to the plaintiff, and that such duty was not fulfilled. The defendant may defeat this prima facie case by showing that the plaintiff was negligent and that his negligence was a part of the proximate cause of his damage. The present article will deal merely with the question of the defendant's negligence-under what circumstances the duty to use care arises; the subjects of proximate cause and contributory negligence will be covered in a subsequent article.
George L. Clark,
Tort Liability for Negligence in Missouri,
7 Bulletin Law Series.
Available at: http://scholarship.law.missouri.edu/ls/vol7/iss1/3