Understanding Negligence Per Se in California Personal Injury Law
When someone gets hurt due to an incident caused by another's negligence, the injured party may consider taking legal action. One significant concept in personal injury law is negligence per se. This term refers to a legal doctrine that holds an individual or entity liable for negligence if they violate a statute, ordinance, or regulation, resulting in harm to another person. Understanding how this works is essential if you've ever wondered about how laws relate to personal injury claims.
What is Negligence Per Se?
Negligence per se occurs when a defendant's actions violate a law meant to protect public safety, and this violation directly causes harm. Here’s how it breaks down:
1. **Violation of Law**: The defendant must have violated a statute, ordinance, or safety regulation.
2. **Causation**: This violation must legally cause injury or damage.
3. **Harmful Nature**: The statute violated was intended to prevent the type of harm that occurred.
4. **Protected Class**: The harmed individual must be part of the group the law was designed to protect.
Essentially, when someone breaches a safety law or regulation, and a person gets injured as a result, the injured party has a stronger claim for negligence because the law implies that the defendant did not act in a reasonable manner.
For example, consider a situation where a driver runs a red light (a violation of traffic law) and causes an accident that injures another motorist. In this case, the injured party may invoke negligence per se since the driver breached an established safety law designed to mitigate vehicular accidents.
How to Prove Negligence Per Se
If someone is pursuing a personal injury claim based on negligence per se, they generally need to provide evidence that supports the following findings:
- They were harmed as a result of someone's actions.
- The actions in question involved a breach of a safety law.
- The actions were the direct cause of their injuries.
- They are part of the group of people the law intended to protect.
A straightforward example can be a case regarding defective electrical work. If an electrician violates the code designed to prevent electrical shocks and a homeowner suffers an injury, that violation can establish negligence per se.
Consequences of Negligence Per Se
When an injured party successfully proves negligence per se, it can lead to significant advantages in their case. The presumption of negligence means that defendants bear the burden of proving that their violation did not cause the injuries. Thus, it may shift the legal odds in favor of the plaintiff.
Are You Considering a Personal Injury Claim?
Understanding concepts like negligence per se can be crucial when navigating the complexities of personal injury law. It plays a significant role in claims, especially in holding negligent parties accountable. If you have questions about a situation that could involve negligence per se, consider reaching out to our team at Goldfaden Benson. Our experienced attorneys are here to help you understand your rights and options.
Feeling empowered to better understand your legal circumstances can be a great first step. How can we further assist you? Let’s explore your case together.
