Negligence per se

Definition

Negligence per se is a legal doctrine that holds a defendant automatically liable for negligence if they violate a statute or regulation intended to protect a specific class of individuals. This concept simplifies the process of proving negligence by establishing that the breach of the law constitutes a failure to meet the standard of care. In essence, if someone breaches a law meant to prevent harm, it can be directly used as evidence of negligence without needing further proof of the standard of care.

5 Must Know Facts For Your Next Test

1. Negligence per se typically arises in cases where a plaintiff is injured as a result of the defendant violating a safety law or regulation.
2. To prove negligence per se, the plaintiff must show that they are part of the class that the statute was designed to protect.
3. Common examples include violations of traffic laws, building codes, and health regulations.
4. Negligence per se can streamline legal proceedings, as it eliminates the need for lengthy discussions about what constitutes reasonable behavior in specific situations.
5. In some jurisdictions, defenses such as contributory negligence or assumption of risk may still apply even if negligence per se is established.

Review Questions

• How does negligence per se simplify the process of proving negligence in legal cases?
  • Negligence per se simplifies proving negligence by allowing plaintiffs to use a violation of a statute or regulation as direct evidence of negligence. Instead of having to demonstrate that the defendant breached a general standard of care, plaintiffs can show that the defendant violated a specific law designed to protect against certain types of harm. This makes it easier for injured parties to establish liability without needing extensive proof about what would be considered reasonable behavior in their situation.
• In what scenarios would a violation of a safety law lead to a finding of negligence per se, and what must be proven by the plaintiff?
  • A violation of safety laws, such as traffic regulations or health codes, can lead to negligence per se when an individual is harmed as a result. To establish this claim, the plaintiff must demonstrate that they are part of the protected class intended by the statute and that the harm they suffered was a type of injury that the law aimed to prevent. This direct link between the violation and the injury is crucial for applying negligence per se.
• Evaluate how the principle of negligence per se interacts with defenses like contributory negligence in legal cases involving statutory violations.
  • Negligence per se interacts with defenses such as contributory negligence by potentially complicating liability issues. While establishing negligence per se can automatically hold a defendant liable for violating a statute, plaintiffs who may also have contributed to their injury through their own actions might face challenges. In jurisdictions recognizing contributory negligence, if a plaintiff is found partially responsible for their harm, it could reduce or eliminate their compensation. This highlights the importance of understanding both sides when navigating legal claims involving statutory violations.

Related terms

Duty of Care: The legal obligation requiring individuals to adhere to a standard of reasonable care while performing any acts that could foreseeably harm others.

Breach of Duty: The failure to meet the established standard of care in a given situation, which can lead to liability in negligence claims.

Causation: The connection between a defendant's actions and the resulting harm, which must be established for a negligence claim to succeed.