Understanding Negligence Per Se in California Personal Injury Law
When navigating the complexities of personal injury law in California, understanding the concept of negligence is essential. One specific aspect of negligence is known as "negligence per se." This doctrine allows plaintiffs to prove negligence based on a defendant’s violation of a law or regulation. It can significantly affect the outcome of a personal injury case.
Negligence per se arises when a person breaches a statute designed to protect public safety, leading to harm to another individual. Essentially, if a defendant's actions violate a law intended to prevent a specific type of harm and that violation results in injury, it can lead to a presumption of negligence. This means the plaintiff does not need to prove that the defendant behaved unreasonably—merely that they broke the law.
What Must Be Proven
To successfully establish a claim of negligence per se, a plaintiff must prove four key elements:
1. **Violation of Law**: The defendant violated a relevant statute, ordinance, or regulation. Common examples include traffic laws or safety regulations.
2. **Causation of Injury**: The violation of the law legally caused the injury. This establishes a direct link between the defendant’s actions and the plaintiff's harm.
3. **Nature of the Occurrence**: The incident that led to the injury or death was of a type that the statute was created to prevent. For instance, if a law prohibits driving at unsafe speeds to prevent accidents, an accident caused by speeding could be deemed negligence per se.
4. **Protected Class**: The individual who suffered the injury must belong to the class of people the law intended to protect. If a law is designed to safeguard pedestrians, a pedestrian injured by a driver violating that law could be a valid plaintiff.
Putting this into context, consider a scenario where a driver runs a red light—a violation of traffic law. If the driver hits a pedestrian, it may be easier for the injured pedestrian to prove negligence because the driver violated a law meant to keep people safe on the streets.
The Burden of Proof
In negligence per se cases, the burden of proof primarily rests on the plaintiff. They must present evidence that meets the four requirements. However, once these elements are established, the burden shifts to the defendant, who must then prove their actions did not cause the injury or offer a valid excuse for the violation.
Exceptions to the Rule
There are some defenses against negligence per se. A defendant may argue that they had an adequate excuse or justification for breaking the law. Examples could include driving too fast to escape an immediate danger or being unable to comply due to circumstances beyond their control.
Conclusion
Negligence per se is a powerful tool in personal injury cases, allowing injured parties to hold defendants accountable for violations of safety laws. Understanding this concept can empower victims to seek justice for their injuries.
If you have questions or think you might have a case involving negligence, reach out to Goldfaden Benson. Our experienced team can provide valuable assistance in navigating your situation and understanding your rights. Visit our website to learn more or contact us directly for support.
