Is Massachusetts a comparative negligent state?

Answer 1

Yes, Massachusetts is a comparative negligence state with a 51% bar. This means if it is determined that a plaintiff is the cause of the tort by 51%, he or she does not recovery anything. If the liability is less than 51%, the total of the amount in controversy is subtracted by the percentage of the plaintiff's liability.

For example, you are suing me for $100,000.

If you were...

51% liable for the incident, you recover nothing.

50% liable for the incident, you recover $50,000.

30% liable for the incident, you recover $70,000.

Therefore, the combined total of the plaintiff's negligence plus the negligence of the defendant(s) should equal 100%. It's a good way to correctly establish/check the recovery amount.

Answer 2

Yes, Massachusetts is a comparative negligence state. This means that if multiple parties are found to be partially At Fault for an accident or injury, their liability will be proportionate to their degree of fault.