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Yes, Massachusetts is a comparative negligence state with a 51% bar. This means if it is determined that a plaintiff is the cause of the tort by 51%, he or she does not recovery anything. If the liability is less than 51%, the total of the amount in controversy is subtracted by the percentage of the plaintiff's liability.
For example, you are suing me for $100,000.
If you were...
51% liable for the incident, you recover nothing.
50% liable for the incident, you recover $50,000.
30% liable for the incident, you recover $70,000.
Therefore, the combined total of the plaintiff's negligence plus the negligence of the defendant(s) should equal 100%. It's a good way to correctly establish/check the recovery amount.
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