{"id":374005,"date":"2016-03-31T21:35:32","date_gmt":"2016-04-01T02:35:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-negligence-laws.html"},"modified":"2023-01-06T12:56:23","modified_gmt":"2023-01-06T17:56:23","slug":"massachusetts-negligence-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-negligence-laws.html","title":{"rendered":"Massachusetts Negligence Laws"},"content":{"rendered":"\n
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Massachusetts Negligence Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Garrett Monteagudo, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most personal injury cases, whether they involve car accidents, slip and falls, or medical malpractice, hinge on the legal theory of "negligence." Negligence<\/a> occurs when an individual who owes a duty to another person fails to exercise a certain degree of care and causes injury to that other person. For instance, a grocery store that fails to clean up a known leak on the floor may be held negligent for a shopper’s resulting slip-and-fall injuries.<\/p>\r\n

Massachusetts negligence laws incorporate the doctrine of contributory negligence that reduces damages rewards for plaintiffs (individuals who file the lawsuit) who are partially at fault for the incident that causes their injuries.<\/p>\r\n

This article provides a brief overview of negligence laws in the state of Massachusetts.<\/p>\r\n

Massachusetts Negligence Laws: At a Glance<\/h2>\r\n

The following chart highlights some of the main provisions of Massachusetts’ negligence laws. See Negligence: Background<\/a> and the links below for a general overview and additional resources<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/th>\r\n

Chapter 231, \u00a7 85<\/a> of the Massachusetts General Laws<\/p>\r\n<\/td>\r\n<\/tr>

Contributory Negligence — Limit to Plaintiff’s Recovery<\/p>\r\n<\/th>\r\n

Contributory negligence does not bar recovery so long as the plaintiff’s negligence is not greater than that of the defendant. But, any damages awarded are diminished in proportion to the plaintiff’s attributed negligence. If there are multiple defendants, the plaintiff’s negligence is compared to the total combined negligence of all defendants<\/p>\r\n

In determining whether a plaintiff was negligent, the judge or jury may consider whether the plaintiff violated a statute, ordinance, or regulation. The violation by itself may not, however, prevent the plaintiff from recovering damages<\/p>\r\n<\/td>\r\n<\/tr>

Contribution Among Tortfeasors<\/p>\r\n<\/th>\r\n

When there are multiple defendants, there are special rules that can be found in Massachusetts General Laws Chapter 231B, \u00a7 1-4<\/a>. For example, if a plaintiff reaches a settlement with one defendant, that agreement does not prevent the plaintiff from recovering damages against other defendants. In that circumstance, the plaintiff’s damages would be reduced by the amount agreed to in the settlement<\/p>\r\n

No defendant is required to pay more than his or her share of the total liability. Section 2 discusses rules for determining a defendant’s pro rata share of negligence liability<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Related Resources for Negligence Laws<\/h2>\r\n