Understanding Negligence Per Se in Personal Injury Cases
The concept of negligence per se is an important principle in personal injury law. It helps establish negligence based on violations of statutes or regulations. Understanding this term can empower individuals seeking justice after an injury.
What is Negligence Per Se?
Negligence per se is a legal doctrine that replaces the typical burden of proving negligence with the requirement of proving a violation of a specific law or regulation. When a defendant violates a law designed to protect public safety, and this violation results in an injury, the law presumes that the responsible party was negligent.
Elements to Prove Negligence Per Se
To apply the negligence per se doctrine in California, a plaintiff must prove four essential elements:
1. **Violation of Law**: There must be a specific statute, ordinance, or public safety regulation that the defendant violated. This could be a traffic law, building code, or safety guideline.
2. **Causation**: The violation must be the legal cause of the injury. The plaintiff needs to show that the injury occurred because of the defendant's failure to follow the law.
3. **Nature of the Injury**: The injury must be of the type that the statute was created to prevent. For instance, if someone is injured in a fall due to a broken handrail, and there was a building code requiring the handrail to be secure, this may establish a nexus between the injury and the violated regulation.
4. **Class of Persons Protected**: The injured party must fall within the group that the law intended to protect. If a restaurant fails to comply with health codes, customers are typically the protected class meant to benefit from these regulations.
A Real-Life Example
Imagine a scenario where a driver runs a red light and hits a pedestrian. In this case, the pedestrian may use the doctrine of negligence per se. The violation of traffic laws transforms the burden of proof. The injured pedestrian only needs to show that the driver ran the red light, which caused their injuries, rather than having to establish a broader case of negligent driving.
Why This Matters
Using negligence per se can simplify the plaintiff's case significantly in court. They can focus on proving the violation and establishing a straightforward link to the injury, rather than navigating through the complexities of demonstrating ordinary negligence.
Call to Action
If you suspect that a statutory violation may have led to your injury, or have experienced a similar situation where you’re unsure of your rights, don’t hesitate to reach out. Contact Goldfaden Benson for a consultation to discuss your case, explore your options, and learn how we can assist you in seeking the justice you deserve. We're here to help you understand the intricacies of your situation and guide you through your personal injury claim.
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