Personal injury cases can arise from various situations, such as car accidents, slips and falls, and medical malpractice. In these cases, the plaintiff (the injured party) must prove that the defendant (the person or entity being sued) was negligent in their actions. Negligence is the failure to exercise reasonable care in a given situation, harming another person. Negligence per se is a legal theory that can make it easier for a plaintiff to prove negligence in some instances.

What is Negligence Per Se?

Negligence per se is a legal doctrine that allows a plaintiff to establish a defendant's negligence by showing that the defendant violated a law or regulation. In other words, if the defendant violated a law or regulation that caused the plaintiff's injury, then the defendant is considered negligent per se.

The term "per se" means "in and of itself" in Latin. Therefore, negligence per se means that the defendant's conduct is inherently negligent because it violates a law or regulation.

How Does Negligence Per Se Differ from Ordinary Negligence?

Ordinary negligence is the failure to exercise reasonable care in a given situation, resulting in harm to another person. In order to prove ordinary negligence, the plaintiff must show that the defendant had a duty of care, that the defendant breached that duty, and that the breach caused the plaintiff's injury.

Negligence per se, on the other hand, eliminates the need to prove a breach of duty. If the defendant violated a law or regulation, which caused the plaintiff's injury, then the plaintiff can establish negligence without showing that the defendant breached a duty of care.

Examples of Negligence Per Se

Negligence per se can arise in a variety of situations, including:

Traffic Violations

If a driver violates a traffic law and causes an accident, they may be considered negligent per se. For example, if a driver runs a red light and hits another car, the driver may be considered negligent per se because they violated a traffic law.

Building Codes

If a building owner violates a building code and someone is injured. As a result, the owner may be considered negligent per se. For example, suppose a building owner fails to install smoke detectors, and a fire occurs, injuring a tenant. In that case, the owner may be considered negligent per se because they violated a building code.

Food Safety Regulations

If a restaurant violates a food safety regulation and a customer becomes ill as a result, the restaurant may be considered negligent per se. For example, suppose a restaurant fails to store and prepare food, and a customer properly becomes sick from food poisoning. In that case, the restaurant may be considered negligent per se because they violated a food safety regulation.

Negligence Per Se in Personal Injury Cases

In a personal injury case, negligence per se can make it easier for the plaintiff to prove their case. Suppose the plaintiff can show that the defendant violated a law or regulation and that violation caused their injury. In that case, the plaintiff may establish negligence without showing that the defendant breached a duty of care.

However, it's important to note that negligence per se only applies to specific laws and regulations. The law or regulation that the defendant violated must be intended to protect the type of person or property that was injured. Additionally, the plaintiff must show that the harm they suffered was the type that the law or regulation intended to prevent.

For example, suppose a driver violates a traffic law and causes an accident. In that case, the plaintiff must show that the traffic law intended to prevent the type of accident that occurred and that the harm they suffered was the type of harm the traffic law designed to avoid.

If the plaintiff can meet these requirements, then they may be able to establish negligence per se and recover damages for their injuries.

Defenses to Negligence Per Se

While negligence per se can make it easier for a plaintiff to prove their case, defendants still have defenses available to them. Some of the most common reasons for negligence per se include:

Excusable Violation

If the defendant can show that their violation of the law or regulation was excusable, they may be able to avoid liability. For example, if a driver runs a red light because they were rushing a sick child to the hospital, they may be able to argue that their traffic law violation was excusable.

Contributory Negligence

If the plaintiff contributed to their injuries, their damages may be reduced or eliminated. For example, if a pedestrian crosses the street outside of a crosswalk and is hit by a car, the pedestrian may have contributed to their injuries.

Intervening Cause

If something other than the defendant's violation of the law or regulation caused the plaintiff's injuries, the defendant may not be liable. For example, if a restaurant violates a food safety regulation, but the customer becomes sick from something unrelated to the violation, the restaurant may not be liable.

FAQs

1. What is negligence per se?

• Negligence per se is a legal doctrine that allows a plaintiff to establish a defendant's negligence by showing that the defendant violated a law or regulation.

1. How is negligence per se different from ordinary negligence?

• Negligence per se eliminates the need to prove a breach of duty. If the defendant violated a law or regulation, which caused the plaintiff's injury, then the plaintiff can establish negligence without showing that the defendant breached a duty of care.

1. What are some examples of negligence per se?

• Negligence per se can arise in various situations, including traffic, building code, and food safety violations.

1. Can negligence per se apply to any law or regulation?

• No, negligence per se only applies to laws or regulations intended to protect the type of person or property injured.

1. What defenses are available to defendants in negligence per se cases?

• Defendants can use defenses such as excusable violation, contributory negligence, and intervening cause.

1. How can negligence per se affect a personal injury case?

• Negligence per se can make it easier for a plaintiff to prove their case, but defendants still have defenses available to them.

Working With The Cedrick D. Forrest Law Firm

Negligence per se is an important legal concept that can affect personal injury cases. If you have been injured in an accident, it's important to understand whether negligence per se applies to your lawsuit. By showing that the defendant violated a law or regulation, you may be able to establish negligence without having to prove a breach of duty. However, defendants still have defenses available to them, so it's important to contact our experienced personal injury attorneys to protect your legal rights.