Negligence per se is a legal concept that establishes liability when a specific statute, regulation, or ordinance is violated. This type of negligence is based on the theory that a breach of a legal duty, such as a traffic law, constitutes negligence as a matter of law. The courts determine negligence per se based on the following entities: (1) the violated statute, regulation, or ordinance; (2) the elements of the statute; (3) the plaintiff’s status or relation to the statute; and (4) the nexus between the statute and the plaintiff’s injuries.
Defining Negligence Per Se
Negligence per se is a legal doctrine that holds a person liable for negligence if they violate a statute or regulation that was intended to protect others from harm. This means that the plaintiff does not need to prove that the defendant was careless or reckless. Instead, the plaintiff only needs to show that the defendant violated the statute or regulation and that this violation caused the plaintiff’s injuries.
There are three elements to negligence per se:
- The defendant violated a statute or regulation.
- The statute or regulation was intended to protect others from harm.
- The defendant’s violation of the statute or regulation caused the plaintiff’s injuries.
It is important to note that negligence per se is not a strict liability offense. This means that the defendant may still be able to avoid liability if they can prove that they had a valid excuse for violating the statute or regulation.
For example, a driver who violates a speed limit may be able to avoid liability if they can prove that they were speeding because they were trying to avoid an accident.
Negligence per se can be a powerful tool for plaintiffs in personal injury cases. It can help them to establish liability without having to prove that the defendant was careless or reckless. However, it is important to remember that negligence per se is not a strict liability offense and that the defendant may still be able to avoid liability if they have a valid excuse.
Advantages of Negligence Per Se
There are several advantages to using negligence per se in a personal injury case. These include:
- It shifts the burden of proof to the defendant. The plaintiff does not need to prove that the defendant was careless or reckless. Instead, the plaintiff only needs to show that the defendant violated the statute or regulation and that this violation caused the plaintiff’s injuries.
- It can help to establish liability in cases where the defendant’s conduct was not intentional. For example, a driver who violates a speed limit may not have intended to cause an accident, but their violation of the speed limit may still be considered negligence per se.
- It can help to increase the amount of damages that the plaintiff can recover. In some cases, the court may allow the plaintiff to recover punitive damages in addition to compensatory damages.
Disadvantages of Negligence Per Se
There are also some disadvantages to using negligence per se in a personal injury case. These include:
- It may not be available in all cases. Negligence per se only applies to violations of statutes or regulations that were intended to protect others from harm.
- The defendant may be able to avoid liability if they have a valid excuse. For example, a driver who violates a speed limit may be able to avoid liability if they can prove that they were speeding because they were trying to avoid an accident.
- It may not be sufficient to establish liability in all cases. Even if the plaintiff can prove that the defendant violated a statute or regulation, the plaintiff still needs to prove that the defendant’s violation caused the plaintiff’s injuries.
Table of Statutes and Regulations that Create Negligence Per Se
The following table lists some of the most common statutes and regulations that create negligence per se.
| Statute or Regulation | Description |
|---|---|
| Speed limits | Violating a speed limit is negligence per se. |
| Stop signs and traffic lights | Failing to stop at a stop sign or traffic light is negligence per se. |
| DUI laws | Driving under the influence of alcohol or drugs is negligence per se. |
| Building codes | Violating a building code is negligence per se. |
| Product safety regulations | Violating a product safety regulation is negligence per se. |
Question 1:
What is the technical definition of “negligence per se”?
Answer:
Negligence per se is a legal doctrine that presumes negligence on the part of a defendant who violates a statute or regulation intended to protect others.
Question 2:
How does negligence per se differ from ordinary negligence?
Answer:
In ordinary negligence, the plaintiff must prove that the defendant breached a duty of care and that the breach caused their injuries. In negligence per se, the violation of the statute or regulation establishes the breach of duty of care.
Question 3:
What are the essential elements of negligence per se?
Answer:
The essential elements of negligence per se are:
– Violation of a statute or regulation
– The statute or regulation is designed to protect the plaintiff’s class of persons
– The plaintiff suffered an injury within the scope of the statute or regulation’s purpose
Well, folks, there you have it. Negligence per se – it’s not just a fancy legal term, it’s a key concept to keep in mind if you want to avoid getting into sticky situations. So, next time you’re out and about, whether you’re driving, texting, or just minding your own business, remember to be mindful of your actions. And hey, thanks for taking the time to read my little spiel. If you have any other burning legal questions, be sure to swing back by – I’m always here to dish out the legal knowledge. Cheers!