Meta Description: Understanding negligence per se in personal injury cases can simplify the legal process. Learn how a defendant’s violation of a safety statute can establish a breach of duty, and explore the key elements and common examples.
This blog post was generated by an AI legal content assistant.
In the field of tort law, proving negligence often requires establishing a complex set of facts, including duty of care, a breach of that duty, causation, and damages. However, there are situations where the law provides a more direct path to proving fault through a legal doctrine known as “negligence per se.” This concept, which literally means “negligence in itself” in Latin, simplifies a personal injury case by using a defendant’s violation of a statute or regulation as automatic proof of negligence.
Negligence per se is a doctrine in which an act is considered negligent because it violates a statute or regulation. Unlike an ordinary negligence claim, where a plaintiff must demonstrate that the defendant failed to act as a “reasonably prudent person” would under similar circumstances, negligence per se presumes that the defendant breached their duty of care simply by breaking a law designed to protect public safety.
The doctrine is a form of strict liability and can act as a “shortcut” for a plaintiff in a tort case. If a plaintiff can prove negligence per se, they have successfully established the first two elements of a negligence claim—duty and breach—as a matter of law. This shifts the focus of the case to proving the remaining elements: causation and damages.
In many jurisdictions, a finding of negligence per se creates a rebuttable presumption of negligence. This means the defendant is presumed to be negligent, but they have the opportunity to present evidence to show they were acting reasonably under the circumstances, even if they technically violated the law.
To successfully prove a claim of negligence per se in a personal injury lawsuit, a plaintiff must demonstrate the following key elements:
| Element | Explanation |
|---|---|
| Violation of a Statute | The defendant must have violated a specific law, ordinance, or regulation. This could include a traffic code, a building code, or a health and safety standard. |
| Protected Class | The plaintiff must be a member of the class of people that the statute or law was designed to protect. For example, a traffic law is meant to protect other drivers, passengers, and pedestrians on the road. |
| Type of Harm | The injury suffered by the plaintiff must be the type of harm that the statute was intended to prevent. For instance, a building code requiring handrails is designed to prevent injuries from falls on stairs. |
| Causation and Damages | The plaintiff must still prove that the defendant’s violation of the law directly caused their injuries and that they suffered actual damages, such as medical bills or lost wages. |
Negligence per se is most often seen in cases involving traffic violations, but its application extends to many other areas of law.
A driver is involved in an accident after running a red light. A law against running a red light is designed to prevent crashes at intersections. The driver’s act of running the light is a clear violation of this safety statute, which can be considered negligence per se. The plaintiff would then only need to prove that the violation was the cause of their injuries and that they suffered damages.
A landlord fails to install a handrail on a stairway, a direct violation of a city building code. A tenant subsequently falls down the stairs and is injured. The building code was intended to prevent falls, and the tenant is a member of the protected class. The landlord’s violation of the code would likely be deemed negligence per se, simplifying the tenant’s claim.
Even with a clear statutory violation, a defendant may still have a defense. For instance, a defendant might argue that compliance with the law would have created a greater danger, or that they were unable to comply due to a sudden, unforeseeable medical event. The specific defenses available vary depending on the jurisdiction and the facts of the case.
The doctrine of negligence per se is a powerful tool in tort law that simplifies the burden of proof for an injured party. Instead of proving that a defendant’s conduct was unreasonable, it allows the plaintiff to demonstrate negligence through a simple violation of a safety law.
Negligence per se streamlines a negligence case by establishing duty and breach through a statutory violation.
It is distinct from ordinary negligence, which relies on the subjective “reasonable person” standard.
To succeed, the plaintiff must still prove the violation was the cause of their harm and that they suffered damages.
Common applications include traffic accidents and building code violations.
Potential defenses can still be raised, such as sudden emergencies or impossibility of compliance.
What is it? Negligence per se is a legal doctrine that establishes negligence when a person’s conduct violates a statute or regulation designed to protect public safety.
How does it work? The violation serves as automatic proof of the defendant’s breach of duty.
What must a plaintiff prove? The plaintiff must show the defendant violated a law, that the law was meant to prevent the type of harm and protect the plaintiff, and that the violation caused the plaintiff’s damages.
While negligence per se is a form of strict liability, they are not identical. Strict liability holds a defendant liable without any need to prove negligence. Negligence per se simplifies the negligence claim but still requires the plaintiff to prove causation and damages.
No. The doctrine only applies to statutes or regulations that are specifically designed to protect against the type of harm that occurred. A violation of a law not intended for safety, such as an expired license plate, would not qualify.
A defendant may be able to present a valid excuse, such as an emergency not of their own making, a disability that prevented compliance, or a situation where following the law would have caused a greater danger. The specific defenses are determined by the jurisdiction and the facts of the case.
It can make a personal injury claim much stronger. By establishing a breach of duty through the statutory violation, it can save a plaintiff the complex task of proving the defendant’s conduct was unreasonable, allowing them to focus on demonstrating causation and damages.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. You should consult with a qualified legal expert for advice on your specific situation. Laws can vary by jurisdiction, and this content may not reflect the most current legal developments. The information provided is generated by an AI legal content assistant and should be used as a general guide, not as a substitute for professional legal counsel.
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