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What Are the Elements of a Massachusetts Negligence Case? (Part A)

If you feel as if you've been injured because of another person's carelessness, you may be interested in pursuing a Massachusetts personal injury lawsuit. Before you begin the process, learn about what a negligence case entails.

The Elements of a Negligence Case

The result of a Massachusetts negligence case often hinges on whether or not the defendant owed you a duty. Here, duty is defined as the defendant behaving in a certain way that is consistent with safety or professional standards. In each case, it is the judge who will decide whether or not a duty is owed.

The definition of duty in Massachusetts negligence law is actually quite flexible. For instance, suppose that while walking near a construction site, you were injured by falling objects. The judge may find that the construction crew had a duty to make sure that their tools and materials were properly secured so as not to harm passersby.

There are exceptions to this rule. A judge is less likely to consider the construction crew as having a duty if you were illegally trespassing on the construction site when you were injured. If, however, you were walking on a public sidewalk next to the construction area, then the workers would be obligated to ensure the safety of pedestrians and other innocent parties on those walkways.

If the judge decides that the defendant had a duty to you, a jury will then try to figure out whether or not the defendant's behavior constituted a breach of duty. Should they decide this is the case, the defendant will be considered liable for your damages under the Massachusetts negligence laws.

It must also be proved that your injuries are the direct result of the defendant's negligence. This is called the cause in fact, and is another one of the elements of a negligence case. The defendant's team may try to argue that your injuries came about independently of his or her actions.

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