Contributory Negligence in Massachusetts
State-specific overview · Tort Law
Massachusetts uses pure comparative negligence, allowing recovery even if you're 99% at fault.
How Massachusetts treats Contributory Negligence
Massachusetts allows plaintiffs to recover damages proportional to their degree of fault, even if they bear most responsibility for the injury. A plaintiff who is 90% negligent can still recover 10% of their damages from a defendant who is 10% negligent. This pure comparative negligence rule applies in most civil cases and represents one of the most plaintiff-friendly approaches in the nation.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Massachusetts.