Massachusetts · Comparative Negligence

Massachusetts Comparative Negligence Rule

Massachusetts follows a modified 51% bar rule under Mass. Gen. Laws ch. 231, § 85. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Massachusetts

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Massachusetts

Modified comparative negligence with a 51% bar; the plaintiff is barred only when fault is "greater than" the combined fault of defendants.

Related: Massachusetts statute of limitations

Massachusetts gives you 3 years to file a personal injury lawsuit under Mass. Gen. Laws ch. 260, § 2A.

See the full Massachusetts statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Massachusetts attorney before relying on it.

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Massachusetts Comparative Negligence FAQ

What comparative negligence rule does Massachusetts follow?

Massachusetts follows a modified 51% bar rule under Mass. Gen. Laws ch. 231, § 85. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Massachusetts?

Yes, up to a point. In Massachusetts you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Massachusetts?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Massachusetts bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Massachusetts?

Massachusetts gives you 3 years to file a personal injury lawsuit under Mass. Gen. Laws ch. 260, § 2A.

Where can I read the actual rule?

The controlling authority is Mass. Gen. Laws ch. 231, § 85. The full text is available at https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85.

See comparative negligence rules for all 51 covered states

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