Contributory Negligence and how it impacts your personal injury case.
Under Massachusetts law, “Contributory Negligence” states that if the injured party is found to be more negligent than the responsible party, the injured cannot recover compensation. Plaintiffs can recover compensation if they are under 51% responsible for the incident. However, if it is found that the Plaintiff was negligent, they cannot be awarded damages. In a recent case out of Middlesex Superior Court, a pedestrian was struck by a vehicle while on a crosswalk. She