Negligence in Massachusetts
State-specific overview · Tort Law
Massachusetts follows traditional negligence rules with a modified comparative fault system that bars recovery if plaintiff is 50% or more at fault.
How Massachusetts treats Negligence
Massachusetts recognizes the four elements of negligence: duty, breach, causation, and damages. The state applies a modified comparative negligence standard under which a plaintiff cannot recover if their own negligence equals or exceeds the defendant's negligence. Courts assess reasonableness based on what a reasonably prudent person would do under similar circumstances.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.