Comparative fault system · Massachusetts

For Comparative fault system · Massachusetts, state is Massachusetts; rule type is Comparative fault system; 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%, recorded from its source on 2026-08-31.

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.

What the source says

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

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.

— all from malegislature.gov, retrieved 2026-08-31

Source

• malegislature.govhttps://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85

Last verified against source: 2026-08-31. Due for re-check by 2027-08-31. This page as Markdown · OKF bundle · full dataset as JSON.