Missouri has long favored a system that treats assessment of a child's contributory fault as a fact issue. Although the system, referred to as the "modem trend," has undeniable advantages and provides protection for both children and the adults who negligently injure them, the system has drawbacks when applied to very young children. The negatives of the system should lead us to question whether society is adequately protecting its youngsters or demanding far too much of them.
Leta Elizabeth Hodge,
Children and Comparative Fault: Determining the Burden Small Shoulders Should Bear,
59 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol59/iss4/7