Comparative Negligence Massachusetts – What You Need to Know

When you suffer an injury in Massachusetts due to someone else’s carelessness, the concept of comparative negligence plays a crucial role in your ability to recover damages. You might still get compensation even if you share fault for the incident. In Massachusetts, you must keep your share of fault below 51 percent to recover any damages. 

In this article, you will learn how Massachusetts law treats shared fault, how damages get reduced, how this law applies in different injury scenarios, and what steps you should take to protect your rights.

What Comparative Negligence Means in Massachusetts

In Massachusetts, the statute governing negligence claims states that if you are partially at fault for your injury, you may still recover damages so long as your fault is not greater than the fault of the person or persons against whom you are seeking recovery. This rule appears in Massachusetts General Laws Chapter 231, Section 85. 

The law says contributory negligence does not bar recovery unless your negligence exceeds that of the defendant(s). If the fact-finder assigns you a percent of fault, your recoverable damages will be diminished in proportion to your share. If you are found to be 51 percent or more at fault, you cannot recover any damages at all.

Why Massachusetts Uses a Modified Comparative Negligence System

Many decades ago, Massachusetts adhered strictly to contributory negligence rules, meaning if you were even slightly at fault you could not recover anything. That approach denied compensation to many injured people. 

Over time, Massachusetts replaced that with a modified comparative negligence system. Under this system you can recover so long as you share less than a majority of fault. This change allows injured persons to seek compensation while retaining some level of personal responsibility.

Key Provisions of Massachusetts Law

You should know the following critical points:

• The plaintiff must prove the defendant owed a duty of care, breached that duty, and caused the injury and damages.

• Once liability is established, fault may be allocated among multiple parties.

• Your recoverable damages equal total damages minus the percentage of fault you bear.

• If your fault is 51 percent or more, you recover nothing.
  For example, if your total damages are $100,000 and you were 20 percent at fault, you can recover $80,000. If you were 60 percent at fault, you recover nothing.

How Fault Gets Assigned in Massachusetts Cases

Assigning fault requires a detailed analysis of what each party did or failed to do. Evidence plays a significant role. Common factors include:

• Accident scene photographs and video

• Witness testimony

• Police reports

• Medical records and expert testimony

• Inspection of property or vehicles

• Reconstruction of events
  Insurance companies often press for higher percentages of your fault to reduce payout. That is why engaged legal representation matters.

Applications in Various Injury Scenarios

Car accidents – Suppose you were driving and slightly speeding when another driver ran a red light and collided with you. A jury may find you 30 percent at fault and the other driver 70 percent. If your damages total $50,000, you recover $35,000. If you were 55 percent at fault, you recover nothing.

Slip and fall incidents – Imagine you slipped on a wet floor in a store and failed to notice the hazard, but the store had no warning sign or failed to inspect. The jury might assign you 40 percent fault and the store 60 percent.

You would recover 60 percent of your damages.
Premises liability – If you were visiting someone’s property and failed to heed a posted warning, while the property owner neglected maintenance, fault may split. Your share reduces your recovery.

Product liability – Massachusetts courts often hold that comparative negligence does not apply to claims based on defective products under warranty or strict liability. Your own fault often does not reduce a manufacturer’s liability in the same way.

How Your Conduct Impacts Your Recovery

You must act in your own best interest. The more responsible your conduct, the lower your fault percentage might be. Actions you can take:

• Seek prompt medical attention and keep records

• Document the accident scene and collect evidence

• Avoid admitting fault or making statements that could be used against you

• Keep all receipts, reports, and videos

• Avoid posting about the accident on social media
  An experienced attorney will help you reduce your assigned percentage of fault and protect your rights.

Defending Against Comparative Negligence Claims by the Other Side

When the opposing party claims you were partly at fault, you and your attorney will counter these defenses by:

• Showing stronger evidence of the other party’s fault

• Challenging unreliable witness statements

• Preserving accident scene evidence promptly

• Employing accident reconstruction or expert testimony to shift more fault away from you

• Demonstrating your actions were reasonable and within the standard of care
  These strategies help you avoid being assigned a high fault percentage that would reduce or eliminate your recovery.

Calculating Your Damages Under Massachusetts Law

Once fault percentages are assigned and liability is found, calculating your net recovery follows a clear formula:

1. Determine the total damages you suffered (medical bills, lost wages, pain and suffering, etc.).

2. Determine your percentage of fault.

3. Multiply total damages by (100 % minus your percentage).

4. That product yields your net recoverable amount.
   Example: Total damages $120,000, your fault 25 percent. You recover $120,000 × 75 percent = $90,000. If your fault had been 51 percent, you recover $0.

Time Limits, Additional Rules and Exceptions

You must also abide by the statute of limitations for filing your personal injury claim in Massachusetts. Fault allocation rules generally apply to personal injury and wrongful death matters, but some exceptions exist. 

Loss of consortium claims for a spouse of an injured person are not reduced by the injured spouse’s fault. Product liability claims based on certain warranties may not permit comparative fault reduction. Specific statutes may vary for different types of cases.

Why You Should Consult a Massachusetts-Experienced Attorney

Given the complexity of negligence law and fault allocation, you benefit from legal representation that knows Massachusetts statutes and appellate decisions. An attorney will:

• Gather and preserve evidence promptly

• Advocate on your behalf during negotiations

• Argue fault percentages aggressively

• Ensure that you stay eligible for recovery (i.e., keep your fault percentage under 51 percent)

• Help you understand settlement offers and whether litigation is necessary
  This guidance can be the difference between recovering a meaningful amount and recovering nothing.

Key Questions to Ask Your Lawyer

When you meet a lawyer, you might ask:

• What percentage of fault is likely in my case?

• How do we prove the defendant is more at fault than I am?

• What evidence should I collect now?

• Are there independent experts who will review the scene?

• How long will the process take, and what are the costs?
  These questions ensure clarity and that you are an active participant in your case.

Conclusion

If you’ve been injured in Massachusetts because someone else failed to act reasonably, you may still recover compensation even if you bear some fault. The crucial threshold to remember is 51 percent. If your share of fault reaches or exceeds that, you cannot recover.

Careful documentation, prompt legal counsel, and strategic action all play major roles in preserving your rights. With over three decades of experience, I encourage you to act quickly, protect your interests, and enlist capable legal help to navigate this law. You deserve a fair outcome.