Comparative fault system · Massachusetts
What is the fault system for Comparative fault system · Massachusetts?
For Comparative fault system, state is Massachusetts; fault system is Modified comparative fault (51% bar); when the plaintiff's own fault bars recovery is if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought; fault threshold is 51%; statutory citation is Section 85, recorded from its source on 2026-08-31.
Section 85. Contributory negligence shall not bar recovery in any action by any person or legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made.
— malegislature.gov, retrieved 2026-08-31
- State
- Massachusetts our reading
- Rule type
- Comparative fault system our reading
- Fault system
- Modified comparative fault (51% bar) our reading
- When the plaintiff's own fault bars recovery
- if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought verified
- Fault threshold
- 51% our reading
- Statutory citation
- Section 85 verified
Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.
Where each value comes from
The value above is stated away from the sentence quoted with the answer, so the passage that states it is shown here too.
Statutory citation
Section 85: Comparative negligence; limited effect of contributory negligence as defense
— all from malegislature.gov, retrieved 2026-08-31
Source
- malegislature.govhttps://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85