Mass is a Modified Comparative state, but I'm not sure if it is 50/50 or 51% rule, I found conflicting info.
In states with a modified comparative fault - 50% rule, an injured party can only recover if it is determined that his or her fault in causing the injury is 49% or less. If the injured party's fault level reaches 50%, he or she cannot recover any damages. In states with a modified comparative fault - 51% rule, an injured party can only recover if it is determined that his or her fault does not reach 51%. If the injured party was 50% or less At Fault, he or she may still recover damages. In other words, a plaintiff may have caused half of the accident and still recover damages from the court, but if it is found that the plaintiff's fault was responsible for more than half (thus 51%), of the accident, that plaintiff is barred from recovering any damages. It is also Joint and Several liability. Remember that exceptions to the standard negligence systems are present in several states. Some states limit the types of cases these negligence systems apply.
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