Submitted by Wayneman on Sat, 06/13/2009 - 08:44
OK, so I injured myself using a trampoline I set up in my yard. Is it true that if I was even a little bit negligent in my accident (I may have misused the thing) that I can't recover for any damages in Massachusetts?
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Editor's Response
Not any more. At common law (long ago) defendants in law suits could raise what is known at "contributory negligence" as a defense. Under that doctrine, you would not be able to collect any damages from the defendant if you contributed to your injury in any way (even if the defendant was also negligent, perhaps because of a faulty design).
Massachusetts, however, has adopted a modified 'comparative negligence' system. So, you may be able to recover damages for your injury, even if you were also negligent, as long as the defendant was ‘more negligent’ than you were (i.e., the fact finder determines that 51% or more of the blame should be attributed to the defendant). However, in such cases, the amount of your recovery will be reduced according to the percentage of culpability attributed to you. Good luck, and please tell your friends about The Forum.