Understanding Negligence Per Se in California Personal Injury Law
When it comes to personal injury cases in California, one frequently encountered concept is "negligence per se." This legal doctrine arises when a defendant violates a law, regulation, or statute, in turn causing injury to the plaintiff. Essentially, it simplifies the plaintiff's burden of proof in negligence cases. Instead of proving that the defendant was negligent directly, they can establish negligence simply by showing that a statute was violated that was intended to protect against the kind of harm that occurred.
What Must be Proven
To establish negligence per se, a plaintiff generally must demonstrate four specific elements:
1. **Violation of a Statute**: The defendant must have violated a specific statute, ordinance, or regulation. This can include traffic laws, safety regulations, and other rules designed to prevent harm.
2. **Proximate Cause of Injury**: The violation must be shown to have legally caused the injury to the plaintiff. Essentially, the injury must be a direct result of the violation.
3. **Nature of the Occurrence**: The kind of occurrence that caused the injury should be of the nature that the law was specifically designed to prevent. For example, if there is a law against drunk driving, an injury resulting from a drunk driver fits this criterion.
4. **Class of Persons Protected**: The injured party must belong to the class of individuals the statute is intended to protect. If a law is designed to protect pedestrians, but the injured party is a cyclist, the statute may not apply.
Real Life Application
Let’s take an everyday situation. Imagine a driver runs a red light, hitting a pedestrian who was crossing at a green signal. In this case, the driver has violated a traffic law—a clear example of statutory violation. The pedestrian, being part of the protected class, suffered injury due to the driver's breach of duty established by that law. Here, the pedestrian could establish negligence per se.
However, not every violation equates to negligence per se. Take a situation where a local ordinance about parking is violated, but such violation does not specifically aim to protect pedestrians. If a driver was parked in a loading zone legally, yet it caused visibility issues that led to a pedestrian accident, that parking violation might not sufficiently support a negligence claim.
Considerations
Remember, negligence per se is an evidentiary doctrine rather than an independent cause of action. This means there must still be an underlying basis for liability, typically an ordinary negligence claim. The defendant can rebut a presumption of negligence by offering proof that they had a legitimate reason or excuse for their violation.
If you're navigating the complexities of this area of law, or if you have questions about how negligence per se might apply to your specific situation, consider reaching out to an experienced personal injury attorney. Our team at Goldfaden Benson is well-versed in these matters, and we can help guide you through the legal process. For more information or to discuss your circumstances, please visit our [contact page](https://www.goldfadenbenson.com/contact-us).
Understanding legal terms can be daunting. Have you ever found yourself confused about what negligence per se entails, or how it could play a role in a personal injury case? Your situation is unique, and we are here to help clarify things for you.
