Massachusetts
How Cooper v. New York City applies in Massachusetts: state-specific rules, key cases, and bar exam notes for Torts.
Massachusetts law pursues a similar negligence framework as established in Cooper v. New York City, focusing on foreseeability and whether a duty was owed to the plaintiff. State courts may emphasize a plaintiff's burden to demonstrate that the defendant's conduct constituted a breach of the duty of care owed.
In Massachusetts, a plaintiff must prove that the defendant owed a duty of care, breached that duty, and caused the plaintiff's injuries in order to succeed in a tort claim for negligence.
The court ruled that a landowner owes a duty to protect lawful visitors from foreseeable harm.
The court held that municipalities can be liable for negligence if a private citizen would be liable under similar circumstances.