Negligence Per Se: A Unique Concept In Personal Injury Law

The aftermath of an accident can be a whirlwind of emotions and financial stress. Medical bills pile up, lost wages create a burden, and the pain and suffering can be overwhelming. Understanding legal concepts like negligence per se can be crucial in securing the compensation you deserve. This article explores negligence per se and its significance in personal injury cases. The more you learn about the differences between ordinary negligence and negligence per se, the better equipped you will be when disaster strikes.

What is Negligence?

Negligence is the foundation of most claims in personal injury law. To win a negligence case, you generally need to prove the following elements:

1. Duty of care

The defendant owed you a legal duty to act with reasonable care to avoid causing harm. This duty could arise from a variety of factors, such as your presence on their property or your shared use of the road.

2. Breach of duty

The defendant breached that duty by failing to act with reasonable care under the circumstances. This could involve actions like speeding, ignoring a stop sign, or failing to maintain their property in a safe condition.

3. Causation

The defendant’s breach of duty caused your injuries. There must be a clear link between the defendant’s actions and your harm.

4. Damages

You suffered quantifiable damages as a result of your injuries, such as medical expenses, lost wages, and pain and suffering.

Proving negligence can be complex, especially when dealing with an uncooperative defendant or when evidence is scarce. This is where the concept of negligence per se comes in.

What is Negligence Per Se?

Negligence per se, a Latin term meaning “negligence in itself,” is a legal doctrine that establishes a presumption of negligence when a defendant violates a law or regulation intended to protect the safety of others, and such a violation contributes to the accident.

In simpler terms, if someone breaks a law designed to keep people safe, and their violation causes an accident that injures them, they are automatically presumed negligent.

Here’s how negligence per se benefits a personal injury plaintiff:

1. Simplified Proof of Negligence

In regular negligence cases, proving the defendant’s breach of duty requires demonstrating they acted unreasonably. Negligence per se removes this burden. By proving the law was violated, the plaintiff establishes a presumption of negligence, making it easier to win the case.

2. Shifting the Burden of Proof

With negligence per se, the burden of proof partially shifts to the defendant. They must now come forward with evidence to rebut the presumption of negligence. This could involve demonstrating they made a reasonable effort to comply with the law or that some unforeseeable circumstance caused the violation.

How Does Negligence Differ from Negligence Per Se?

While both negligence and negligence per se deal with a defendant’s failure to act with reasonable care, there’s a key distinction.

Standard negligence requires proving the defendant’s actions fell below the standard of care expected of a reasonable person in a similar situation.

Negligence per se, on the other hand, focuses on a specific violation of a law. It doesn’t matter if the defendant acted reasonably based on the situation; if they broke a safety law, and that breach contributed to the accident, they are presumed negligent.

Things to Prove When Negligence Per Se Applies

To successfully utilize negligence per se in your personal injury case, your lawyer will need to establish the following:

1. A Law or Regulation Was Violated

The first step is proving the existence of a law or regulation designed to protect public safety. This could be a traffic law, a building code, or a safety regulation specific to a particular industry.

2. The Defendant Violated the Law

Evidence must demonstrate that the defendant broke the established law or regulation. Police reports, witness statements, and accident scene reconstruction can be crucial in establishing this violation.

3. The Violation that Caused Your Injury

There must be a clear connection between the defendant’s violation and your injuries. Your lawyer will establish this link through medical records and expert testimony.