What Constitutes Negligence In The State Of Massachusetts?
One of the most important legal concepts associated with personal injury claims is the term “negligence.” Negligence occurs when someone acts (or fails to act) in a way that another reasonable person would (or would not) act. Basically, negligence is a legal term for carelessness that leads to physical or emotional harm.
To prove negligence in Massachusetts, the plaintiff (the person filing the lawsuit) must show that:
- the defendant (the person being sued) owed the plaintiff a duty of care;
- the defendant breached their duty by failing to exercise due care towards the plaintiff;
- the defendant’s breach of duty caused the plaintiff’s injury); and
- the plaintiff suffered damages as a result.
Duty of Care. Under the law, a person generally has a duty to avoid causing injury to another. In other words, people have a legal responsibility to others to not cause them harm. The standard is: did the defendant act as a reasonably prudent (or careful) person would under similar circumstances? If a reasonable person in the same situation could foresee that a certain action or failure to act might cause an injury, then the defendant should have as well. Some cases are obvious; some are not. In each case however, the circumstances surrounding the injury play an important role in determining whether or not a defendant had a duty of care towards the plaintiff.
Breach of Duty. Essentially, if the average reasonable person could foresee that injury might occur as the result of certain actions or situations, they have a duty to avoid those actions or situations. If they do not, they are said to have breached (violated) their duty of care. To claim that a person or entity acted negligently is to allege that they acted carelessly or in an unsafe manner. In such a case, a defendant may be held legally accountable for their actions/inactions.
Cause. Not every injured person is entitled to recover damages for the injury he or she suffers. In a negligence case, the injured must prove that he or she suffered an injury that was the result of the other person’s carelessness. In legal terms this is called “proximate cause.” Without causation, there is no liability, regardless of negligence (or intention). For example:
- Say that someone slipped in food store because a soda spill had not been cleaned up. If the person already had a bad back and the fall did not exacerbate it, there would be no recovery, since the fall did not cause the injury.
- Or if someone was DUI—which is always negligent—but their passenger was injured because pipes feel off a truck and crashed through the windshield, the driver would not be liable; again, while there was negligence, the negligence did not cause the injury.
Damages. Finally, a plaintiff in a personal injury negligence lawsuit has to show that they suffered damages as a result of the defendant’s actions or inaction. Not every “injury” results in legally compensable damages. For example, suppose that a fast food restaurant was negligent in their hygiene and an insect found its way into a hamburger. If a patron bit into the insect but was not physically sickened by it—only disgusted and upset—there would be no recovery, because the law does not compensate people for feelings of disgust. Similarly, if someone’s beloved pet dog was run over by a careless driver, while the owner should be able to recover the economic value of the dog, he or she will not be able to recover for its emotional value. Only certain kinds of injuries or losses are damages for which the law provides compensation.
Damages in a negligence lawsuit are intended to compensate plaintiffs for their loss and to put them in the same position that they would have been in if the accident had not occurred. The damages that can be recovered in a personal injury action include, but are not limited to:
- all past, current, and future medical expenses;
- pain and suffering; and
- lost wages and lost earning capacity.
Additionally, sometimes, a close family member of the injured person, such as his or her spouse, may also be entitled to damages. This award is often referred to as “loss of consortium” damages, which are awarded to compensate for the loss of the injured person’s physical relationship and companionship.
Note that in some situations, defendants are liable for negligently caused injuries because of the operation of law, not because they themselves directly caused the injury. This is known as “vicarious liability.” For example, employers are held responsible for injuries caused by their employees during the course of their employment. This often makes businesses responsible for car accidents caused by their employees while making deliveries.
If you think you have suffered a personal injury due to someone else's negligent or intentional action, you should contact a personal injury attorney as soon as possible. Remember: every state has a “statute of limitations” limiting how long you have to file a case. If too much time passes, you will not be able to recover for your claim. An experienced Massachusetts personal injury lawyer can offer expert guidance regarding any litigation or settlement of your claim—including making sure you file timely.
For more articles on personal injuries in Massachusetts, click on the following articles:
What are Personal Injury Cases in Massachusetts?
How much is my personal injury case in Massachusetts worth?
How Are Personal Injury Damages Calculated In The State Of Massachusetts?
Can I File A Personal Injury Lawsuit At Any Time In The State Of Massachusetts?