Search Site
Menu

Contributory Negligence, Comparative Negligence. What’s in a name? A lot.

For decades, actually until the 1970s, when Massachusetts adopted the rule of Comparative Negligence, a slightly different doctrine was in effect: the rule of contributory negligence which was a complete bar to the plaintiff’s recovery. Thankfully that standard has changed. If a plaintiff is found negligent in an amount of 50% or less, he/she can recover. The damages are reduced to the extent of the negligence on the part of the plaintiff. Therefore, if a plaintiff is 20% negligent, his/her damages will be reduced by 20%. This changed the law because it has allowed anyone found negligent in an amount of 50% or less to recover. Previously, the doctrine of contributory negligence would completely bar recover, even if the plaintiff’s negligence was slight.

The above was a softening or liberalizing of a harsh law. Perhaps it did not go far enough. Consider the law of Florida where there is pure comparative negligence. This allows a plaintiff to recover who is even more than 50% negligent. Of course, that plaintiff will have his/her damages reduced by his/her negligence. Needless to say, it is something that plaintiff personal injury lawyers prefer.

One advantage in Massachusetts is that a Judge will instruct the jury on the effect of finding a plaintiff more than 50% negligent. That was previously done on occasion, usually by referring to the very confusing Comparative Negligence Statute. Now, you can get an instruction that in a clear way will explain to the jury the effect of a finding of 51% or more negligence on a plaintiff. Full disclosure is always good.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Colleen Santora is the kind of attorney you want in your corner. She is incredibly attentive, sharp, and thorough, but what really sets her apart is that she gets things done. When you have Colleen representing you, you know your case is not going t...

    Read more

    D. Tripp

  • google
    5.0/5.0

    Colleen was amazing. I appreciated her professional expertise and her dedication to helping me get a fair settlement. I am so glad she was my attorney and I highly recommend her.

    Read more

    Sophia Elefther

  • google
    5.0/5.0

    My lawyer at this firm was Colleen, she is amazing! Everything was explained to me from the beginning, timeframe was awesome. She is a very knowledgeable lawyer. I would recommend this Law Firm.

    Read more

    Donna Keene

  • google
    5.0/5.0

    I just wanted to drop a quick note to say thank you to Santora Colleen for securing such a great outcome on my wife case. We really appreciate all your hard work, the way you handled the negotiations, and how you kept us informed every step of the wa...

    Read more

    Alexander Foygelman

  • google
    5.0/5.0

    Colleen has been incredibly thoughtful, supportive, and professional throughout every step of our case. She guided us carefully through the process, always taking the time to answer our questions and ensure we understood our options. She consistently...

    Read more

    M Gao

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form

  • This field is for validation purposes and should be left unchanged.