Understanding Negligence Per Se in Personal Injury Law
Negligence is a common term in personal injury law, but it can be confusing. One critical aspect of negligence law is the concept of "negligence per se." Understanding this legal doctrine is essential for anyone interested in how personal injury claims operate, particularly those involving statutory violations.
What is Negligence Per Se?
Negligence per se occurs when a person violates a statute or regulation designed to protect public health or safety. In such cases, the violation itself serves as evidence of negligence. Instead of needing to prove all aspects of negligence, a plaintiff can establish certain elements easily if they can show the defendant broke a law. Here are the essential elements that must be proven:
1. **Violation of a Statute**: The defendant must have violated a specific law, ordinance, or safety regulation.
2. **Causation**: This violation must legally cause injury or damages. The injured party must prove the injury resulted directly from the statutory violation.
3. **Nature of the Occurrence**: The injury or damage must stem from an occurrence that the statute aimed to prevent. Essentially, the type of harm must align with the purpose of the statute that was violated.
4. **Protected Class**: The person who suffered the injury needs to belong to the class of individuals whom the law intended to protect. For example, if a law is designed to protect pedestrians, it can’t generally be used in a case where the injury occurred to a driver.
Why Does it Matter?
Understanding negligence per se can simplify your path to demonstrate negligence. It shifts the burden from proving a "reasonable person" standard of care to simply showing that a law was broken. This is often easier for plaintiffs because it presents a clear-cut breach of the law that leads to injuries.
Real-Life Example
Imagine you are injured in an accident caused by a driver who ran a stop sign. The stop sign is established by law to prevent accidents at that intersection. If you can prove that the driver ran the stop sign and that this directly resulted in your injuries, you may use the negligence per se doctrine in your case. You won’t need to prove the driver failed to act as a reasonable person—his breaking the law automatically infers negligence.
Contact Us for More Information
If you think you may have a legal claim that relates to negligence or negligence per se, it is essential to discuss your case with professionals who understand the intricacies of personal injury law. At Goldfaden Benson, we are dedicated to helping you understand your rights and the potential paths you can take for your case. Reach out to us through our website to learn more and see how we can help you navigate this complex area of the law.
This foundational understanding of negligence per se can empower you as you explore potential claims related to personal injury. Have you encountered a situation involving a statutory violation that led to injury? We invite you to connect with us to discuss your situation further.
