Negligence in Massachusetts
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A Massachusetts fact pattern
Negligence in massachusetts.
Statute of limitations
3 years
Mass. Gen. Laws c. 260, § 2A
Three years after the cause of action accrues (usually the injury).
- A public employer under the Tort Claims Act needs written presentment within two years (c. 258, § 4). That paper is not the three-year lawsuit.