What is the Substantial Factor Test in Massachusetts Personal Injury Cases?

What is the Substantial Factor Test in Massachusetts Personal Injury Cases?


Establishing causation is a major part of establishing negligence in Massachusetts. If you have been injured by someone else’s behavior, you need to show the court that this behavior led directly to your injuries. If you cannot do this, you will not win your case. As a result, you will not receive a settlement. In Massachusetts, something called the “substantial factor test” is often used to determine whether or not the behavior of defendants caused injuries. But what exactly is the substantial factor test, and how might it affect your personal injury lawsuit?

If you are asking yourself these kinds of questions, you might want to get in touch with a qualified personal injury attorney in Massachusetts. Our legal professionals can explain complicated legal concepts such as the substantial factor test, causation, and negligence. Not only that, but we can also guide you through the entire legal process and represent you in court. Our experienced attorneys can apply the substantial factor test and prove that the defendant’s behavior led directly to your injuries.

Establishing Negligence
Causation is only one of four “elements of negligence.” The others are duty, breach, and injury. In order to establish that a defendant was negligent, you will need to show the existence of all four factors. Causation is often one of the trickiest factors to establish for a number of reasons. Sometimes, causation is obvious. For example, a drunk driver who weaves in and out of traffic before slamming into a pedestrian obviously “caused” that injury. In other cases, causation might not be as obvious. In order to handle these less obvious situations, courts have developed a number of strategies.

The Substantial Factor Test and the But-For Test
The two main tests used to determine “actual” causation are the “but-for” test and the substantial factor test. The but-for test is relatively straightforward. If we remove the defendant’s behavior from the scenario entirely, would the injuries still have occurred? If the answer is no, then the
defendant caused the injury.

In Massachusetts, courts generally use the substantial factor test instead of the but-for test in matters related to toxic tort litigation. This is because in some cases, the but-for test is insufficient in cases that are complex and less clear-cut. The classic example of this complexity is as follows:

Someone starts a fire. Then a lightning strike starts another fire nearby. The two fires converge into one giant fire, and the fire then spreads to someone’s home, destroying the property and injuring residents. Now, would the injury still have occurred if the arsonist had not started the
fire? What about a man who develops cancer after working at an asbestos factory? Can we say without a doubt that his work at the factory caused him to develop cancer?

With the substantial factor test, courts can establish causation if a defendant’s actions were a “substantial factor” in the injuries. The definition of terms like “substantial” are up to the court to decide.

Enlist the Help of a Qualified Attorney Today
If you have been searching the Massachusetts area for an experienced personal injury attorney, look no further than the Law Offices of Johnson, Sclafani & Moriarty. We have helped numerous injury victims achieve justice, and we can do the same for you. Establishing negligence is often challenging, but with an experienced attorney at your side, you can approach this process with confidence. Book your consultation today, and we can start developing an effective action plan together. 413-732-8356