Negligence can only exist when there is a duty to use reasonable care, which, under Massachusetts law, will be decided by a judge as a question of law in Massachusetts personal injury cases. Certain relationships create a specific duty that arises under Massachusetts law. Massachusetts landowners or occupiers of land, for example, owe a duty of reasonable care to all lawful entrants, as well as a duty to refrain from willful, wanton or reckless behavior with regard to trespassers. A failure to satisfy that duty of care will subject a Massachusetts landowner to liability for money damages. Landowners or Massachusetts occupiers of land are generally not liable for the criminal acts of third persons unless their negligence allowed the crime to be committed.
Additionally, a duty will arise when there is a special relationship between the defendant and the injured Massachusetts plaintiff. A special relationship will be found to exist when harm is foreseeable, when the plaintiff relies on the defendant, and when the defendant is in a position of control. If a defendant has a special relationship with the plaintiff, he or she may be required to use reasonable care to prevent potential harm that is foreseeable, including accidental, intentional or negligent acts of third persons. However, even when a special relationship exists, a defendant will only be held to the duty to exercise reasonable care if the risk of the harm outweighs the burden of protection.
Another common relationship that gives rise to a duty of care is that of a Massachusetts employer and a Massachusetts employee. Employers, for example, may owe a duty of reasonable care to third persons for injuries caused by their employees if the employee acted within the scope of his or her Massachusetts employment. A Massachusetts employee will be considered to be working within the scope of his or her employment if: the conduct was the kind that the employee was hired to perform; the conduct occurred within the time and place of the employment; and the conduct was motivated, at least in part, by an intention to further the employer’s interests.
Additionally, Massachusetts employers owe a duty to the public to exercise reasonable care in the hiring and retention of their employees when those employees come into contact with the public in the course of the employer’s business. If a Massachusetts employer breaches these standards of care, the injured party may sue the employer for injury damages, such as medical expenses, lost wages, pain and suffering and loss of consortium.
Some relationships will not result in a duty being owed. Social hosts, for instance, do not have a duty to protect against the criminal acts of their guests, unless the risk of harm is foreseeable. Additionally, an attorney who drafts a will does not have a duty of care to the beneficiaries of the will.
When determining the scope of any duty, it is necessary to analyze the appropriate standard of care involved. The standard of care is the degree of care that a reasonably prudent person in a similar situation would exercise. Negligence results when there is a deviation from that standard of care. The duty of care is to refrain from acts or a failure to act that may unreasonably expose another to a risk of harm. To determine the appropriate standard, the defendant’s actions should be compared to the conduct of the larger community that he or she is a part of.
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