How does comparative fault work in Massachusetts?
1. Negligence Elements. Massachusetts negligence requires duty, breach, causation, and damages (Glidden v. Maglio, 430 Mass. 694). Duty derives from foreseeability and relationship.
2. Comparative Fault Regime. M.G.L. c. 231 § 85: "Contributory negligence shall not bar recovery in any action by any person... if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought." Greater than 50% bars; ≤50% reduces proportionally. This is a 51% bar regime.
3. Joint and Several Liability. Massachusetts retains joint and several liability for joint tortfeasors. The Massachusetts Contribution Among Joint Tortfeasors statute, M.G.L. c. 231B § 1 et seq., allows contribution in pro rata shares (not fault-based). Zeller v. Cantu, 395 Mass. 76 confirmed that contribution is by equal shares, not fault percentages, distinguishing MA from most apportionment states.
4. Last Clear Chance / Sudden Emergency. Last clear chance subsumed. Sudden emergency remains in MJI 5.10.
5. Settling Tortfeasors. M.G.L. c. 231B § 4 — release reduces claim by greater of consideration paid or settling party's pro rata share; good-faith settlement discharges contribution.
6. Statute of Repose vs SOL. Personal injury SOL is 3 years (M.G.L. c. 260 § 2A). Med-mal SOL is 3 years with 7-year repose (§ 4). Construction repose is 6 years (§ 2B). Product liability has 3-year SOL but no general repose.
7. Caps. Med-mal noneconomic capped at $500,000 under M.G.L. c. 231 § 60H, with exceptions for substantial or permanent loss/impairment of bodily function, substantial disfigurement, or other special circumstances ("avoidance of injustice" clause). Charitable immunity caps at $20,000 under c. 231 § 85K for charity torts.
8. Wrongful Death Comparative. M.G.L. c. 229 § 2 wrongful death applies c. 231 § 85; decedent's fault reduces recovery.
9. Worker Injuries. M.G.L. c. 152 § 24 WC exclusivity (unless reservation of rights given to employer). Third-party suits apply c. 231 § 85.
This is legal information, not legal advice.
- Med-mal case asserting § 60H 'special circumstances' exception to $500K cap
- Multi-defendant case with pro rata contribution under c. 231B raising fairness concerns
- Charitable hospital/nonprofit case subject to § 85K $20K cap
- M.G.L. c. 231 § 85
- M.G.L. c. 231B § 1
- M.G.L. c. 231 § 60H
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.