Proving Negligence Per Se in California
When people think about personal injury claims, they often think of accidents where someone was careless, causing someone else to get hurt. But there is a specific legal tool that can help in these cases called "negligence per se." This doctrine essentially holds that if someone violates a safety law designed to protect the public, that violation can be considered negligence on its own. Understanding how this works can be important if you have been injured in an accident.
What is Negligence Per Se?
Negligence per se is a legal theory based on a violation of a statute or regulation. Modern law recognizes that if a person breaches the duty created by a safety law, they can be deemed negligent without needing the same level of proof as in a typical negligence case.
To prevail using this theory in California, a plaintiff must prove a few critical points:
1. **Violation of a Safety Law**: There must be a clear violation of a specific law or regulation. This might encompass traffic rules, health codes, or safety standards intended to protect the public.
2. **Causation**: The plaintiff needs to show that the violation of the law directly caused or contributed to their injuries. If a car runs a red light and hits a pedestrian, the act of running the light would be seen as negligence per se because it directly led to the accident.
3. **Protected Class**: The injured party must be part of the group the law was designed to protect. If a statute is intended to prevent harm to a specific demographic, only individuals in that demographic can claim negligence per se.
4. **Foreseeability**: An important underlying principle is that the type of harm caused must have been foreseeable to anyone who might have violated the law. In other words, it should be predictable that breaking the law could lead to an accident or injury.
Relatable Scenario
Imagine you're walking through a crosswalk, and a driver runs a red light, slamming into you. Since this driver violated a traffic law, you could apply the principle of negligence per se. The law required them to stop, and their failure to do so resulted in your injury. If you can show this was foreseeable, you have a strong case for negligence per se.
Why is This Important?
Understanding negligence per se can streamline your case. If you can prove that a safety law was broken and that this breach directly caused your injury, it could save time and effort usually spent proving every element of traditional negligence.
If you have questions about your situation or need guidance determining if your case applies under the negligence per se doctrine, we encourage you to reach out. Our experienced lawyers at Goldfaden Benson can help navigate the complexities of personal injury law. Contact us today to discuss your case and explore your options.
Being informed is the first step toward seeking justice for your injuries. Understanding how the legal framework applies to your situation empowers you.
For further resources or to discuss your specific case, you can visit our practice areas page or contact us directly for assistance. Your path to understanding starts here.
