Comparative fault is a legal principle that determines the extent to which each party involved in a lawsuit is responsible for the damages caused. In Massachusetts, the doctrine of comparative fault is followed, which means that the court allocates fault and assigns a percentage of responsibility to each party involved.
For example, let's say there was a car accident in Boston, MA where the plaintiff was found to be 20% at fault for the collision, while the defendant was found to be 80% at fault. If the total damages amounted to $100,000, the plaintiff's recovery would be reduced by their percentage of fault. In this case, the plaintiff would be entitled to receive $80,000 (80% of $100,000), reflecting the defendant's greater share of fault.
It's important to note that Massachusetts follows a modified comparative fault system with a 51% bar rule. This means that a plaintiff can only recover damages if their percentage of fault is equal to or less than 50%. If the plaintiff is found to be 51% or more at fault, they are barred from recovering any damages.
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