Negligence per se

Definition

Negligence per se is a legal doctrine that establishes a defendant's negligence through the violation of a statute or regulation designed to protect a specific class of individuals. This concept simplifies proving negligence, as it allows plaintiffs to show that the defendant breached a duty of care merely by breaking the law, without needing to prove the traditional standard of care. It connects closely to intentional torts and negligence, as it demonstrates how laws are put in place to prevent harm and protect individuals from unreasonable risks.

5 Must Know Facts For Your Next Test

1. For negligence per se to apply, the statute violated must be intended to protect a particular group from harm, such as pedestrians or children.
2. The plaintiff must prove they belong to the protected class specified in the statute and that they suffered injuries as a direct result of the violation.
3. Negligence per se can lead to a presumption of liability, meaning that if a plaintiff successfully shows a violation occurred, the burden shifts to the defendant to prove they were not negligent.
4. This doctrine is often used in cases involving traffic violations or safety regulations, where compliance is crucial for public safety.
5. Judges often determine whether negligence per se applies based on whether the statute clearly defines the behavior required and whether there is a direct connection to the alleged harm.

Review Questions

• How does negligence per se differ from traditional negligence claims in establishing liability?
  • Negligence per se differs from traditional negligence claims because it relies on the violation of a specific statute rather than proving a breach of the general standard of care. In traditional negligence, plaintiffs must demonstrate that the defendant failed to act as a reasonable person would have in similar circumstances. In contrast, under negligence per se, proving that the defendant violated a law designed to protect a specific group simplifies establishing liability, as the law itself serves as evidence of negligence.
• Discuss how negligence per se applies specifically in cases involving traffic violations and its implications for liability.
  • Negligence per se is frequently applied in traffic violation cases because traffic laws are designed to protect public safety. For instance, if a driver runs a red light and causes an accident, their violation of this statute can be used as evidence of negligence per se. The implications for liability are significant, as this doctrine allows injured parties to establish fault more easily without needing extensive evidence showing how the driver's actions fell below the standard of care expected on the road.
• Evaluate the role of statutory violations in establishing negligence per se and how courts determine its applicability in various cases.
  • Statutory violations play a crucial role in establishing negligence per se by providing clear standards for behavior that, when violated, automatically suggest negligence. Courts evaluate several factors when determining its applicability, including whether the statute was intended to protect individuals from specific harm and if there’s a direct causal link between the violation and the injury suffered. This evaluation helps ensure that only relevant and appropriate statutes are used in claims, maintaining fairness in legal proceedings and preventing misuse of negligence per se.

Related terms

Duty of Care:

The legal obligation of an individual to act with a level of care toward others to prevent foreseeable harm.

Breach of Duty: The failure to meet the standard of care that a reasonable person would exercise in similar circumstances.

Causation: The relationship between the defendant's actions and the resulting harm, demonstrating that the breach of duty directly caused the injury.