Negligence per se, a legal doctrine, establishes that a specific act or omission is considered inherently negligent. This concept arises when there is a violation of a statute, regulation, or safety standard that is intended to protect individuals from harm. Negligence per se differs from ordinary negligence, which requires the plaintiff to prove the defendant’s duty of care, breach of duty, causation, and damages. In negligence per se cases, the violation of the legal standard automatically establishes the defendant’s breach of duty, making it easier for the plaintiff to prove liability.
Negligence Per Se
Negligence per se is a concept that refers to a specific type of negligence that is established by law. In other words, it is a type of negligence that is automatically assumed to exist if certain specific circumstances are met. This means that the plaintiff does not have to prove that the defendant was negligent in the traditional sense, but rather only needs to show that the defendant violated a specific law or regulation.
There are two main types of negligence per se:
- Statutory negligence
- Common law negligence
– This type of negligence per se is created by a statute, which is a law passed by a legislative body.
– This type of negligence per se is created by a court decision, rather than by a statute.
In order for negligence per se to apply, the following three elements must be met:
- The defendant must have violated a statute or regulation.
- The statute or regulation must have been intended to protect the plaintiff from the type of harm that occurred.
- The plaintiff must have suffered harm as a result of the defendant’s violation of the statute or regulation.
Negligence per se can be a powerful tool for plaintiffs in personal injury cases, as it can help to establish liability without having to prove that the defendant was negligent in the traditional sense. However, it is important to note that negligence per se is not always applicable, and there are some defenses that may be available to defendants.
Here is a table summarizing the elements of negligence per se:
| Element | Description |
|---|---|
| Violation of statute or regulation | The defendant must have violated a statute or regulation that was intended to protect the plaintiff from the type of harm that occurred. |
| Harm to plaintiff | The plaintiff must have suffered harm as a result of the defendant’s violation of the statute or regulation. |
| Proximate cause | The defendant’s violation of the statute or regulation must have been the proximate cause of the plaintiff’s harm. |
Question 1:
What is negligence per se?
Answer:
Negligence per se is the concept that a person is considered negligent if they violate a statute or regulation that is designed to protect against a particular type of harm.
Question 2:
How is negligence per se different from contributory negligence?
Answer:
Contributory negligence is a defense that can be raised by a defendant to a negligence lawsuit if the plaintiff’s own actions contributed to their injuries. Negligence per se, on the other hand, does not require any proof of contributory negligence.
Question 3:
What are the elements of a negligence per se claim?
Answer:
The elements of a negligence per se claim are:
- The defendant violated a statute or regulation.
- The statute or regulation was designed to protect against the type of harm that occurred.
- The defendant’s violation of the statute or regulation was a proximate cause of the plaintiff’s injuries.
Thanks for hanging out with us today while we talked all about negligence per se! If you’re looking for more legal tidbits or just want to waste some time, be sure to swing back by later. We’ll be dishing out more legal knowledge, so you can impress your friends and family with your newfound wisdom. Until then, stay out of trouble!