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 designed to protect a specific group of people. This principle simplifies proving negligence by establishing that the breach of the law equates to a breach of the duty of care owed to the injured party. It connects closely with the standard of care, as the violation of a law sets a clear benchmark for expected behavior, and also interacts with doctrines like res ipsa loquitur, where it can complement evidential requirements in showing negligence without needing further proof.

5 Must Know Facts For Your Next Test

1. Negligence per se eliminates the need to prove that the defendant acted unreasonably since the violation of a statute is considered inherently negligent.
2. Common examples include traffic laws, health and safety regulations, and building codes, where violations can lead to automatic liability.
3. In cases involving negligence per se, the injured party must still demonstrate that they belong to the class of people intended to be protected by the statute.
4. This doctrine does not apply if the defendant can show that they had a valid excuse for violating the statute or regulation.
5. Judges generally determine whether negligence per se applies based on whether the statute was intended to prevent the type of harm suffered by the plaintiff.

Review Questions

• How does negligence per se change the traditional requirements for proving negligence in tort law?
  • Negligence per se changes the traditional requirements by allowing plaintiffs to establish liability simply by proving that a defendant violated a statute or regulation. This shifts the focus from demonstrating unreasonable behavior to confirming that a specific legal obligation was breached. As such, it simplifies the process for plaintiffs and can make it easier for them to win their case, provided they can show that they belong to the class intended to be protected by that statute.
• Discuss how negligence per se interacts with doctrines such as res ipsa loquitur in establishing liability.
  • Negligence per se interacts with res ipsa loquitur by providing an alternative method for proving negligence without requiring direct evidence of fault. While res ipsa loquitur allows plaintiffs to infer negligence from the nature of an accident, negligence per se directly links a statutory violation to an automatic finding of liability. This means that in some cases, if both principles apply, plaintiffs might strengthen their case by showing not only that an accident occurred under circumstances suggesting negligence but also that there was a clear breach of statutory duty.
• Evaluate the implications of negligence per se for future trends in tort law, particularly regarding legislative changes and public policy.
  • The implications of negligence per se for future trends in tort law include a potential increase in liability for violations of statutory laws, which could prompt legislators to create more comprehensive regulations. As public policy evolves toward greater consumer and worker protection, we may see an expansion in statutes designed to prevent harm. This could lead to more cases where plaintiffs rely on negligence per se claims, creating new challenges for defendants as they navigate stricter compliance requirements and potential liabilities stemming from statutory breaches.

Related terms

Duty of Care: The legal obligation to avoid causing harm to others, establishing a standard of conduct that individuals are required to follow.

Statutory Law: Laws enacted by a legislative body, which can provide the basis for negligence per se when violated.

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