Understanding Negligence Per Se in California Law
Negligence per se is a legal doctrine used often in personal injury cases in California. It simplifies the process for plaintiffs by presuming negligence when a law is violated. In this blog, we'll break down how this doctrine works, what you must prove, and why it's important in personal injury cases.
What is Negligence Per Se?
In simple terms, negligence per se occurs when certain legal standards are established by statutes or regulations, and someone fails to meet these standards. So, if you're injured due to someone’s violation of a law designed to protect the public, the violation is seen as evidence of negligence.
For instance, if a driver runs a red light and causes an accident, that action alone may suggest negligence, because running a red light is against traffic laws.
What Must Be Proven?
To establish a case of negligence per se in California, a plaintiff must demonstrate four essential elements:
1. **Statutory Violation**: The defendant violated a specific statute, ordinance, or regulation.
2. **Causation**: This violation caused injury or death to another person or damage to property.
3. **Nature of Occurrence**: The injury was of the kind that the statute aimed to prevent. For example, traffic laws primarily aim to prevent accidents and protect road users.
4. **Protected Class**: The injured party must belong to the class of individuals whom the law was designed to protect. In our driving example, pedestrians and other motorists are typically the intended beneficiaries of traffic laws.
If you can prove these elements, the burden then shifts to the defendant, who can attempt to present a legitimate excuse or justification for their violation.
Example Scenario
Imagine you’re walking in a crosswalk when a car runs a red light, striking you. Here’s how negligence per se applies:
1. **Statutory Violation**: The driver disregarded the traffic signal.
2. **Causation**: Your injury is directly connected to that violation.
3. **Nature of Occurrence**: The law aims to prevent accidents involving pedestrians.
4. **Protected Class**: You are a pedestrian, part of the class intended to be protected by the traffic laws.
How Does This Affect Personal Injury Claims?
Using the negligence per se doctrine can simplify litigation. Instead of arguing over whether the defendant had a duty to act carefully, you focus on whether they violated a law and if that violation led directly to your injury. This can lead to a more straightforward case, ultimately helping victims secure compensation for their losses.
Are You Facing a Personal Injury Situation?
Navigating the legal aspects of a personal injury case can be complex. If you have more questions about negligence per se or need guidance on an injury claim, reach out to Goldfaden Benson. Our team is skilled in personal injury law and can help you understand your rights and options.
Don’t hesitate to take the first step toward securing the justice you deserve. Contact us today for more information.
