Understanding the Requirement of Proving Negligence Per Se in California
Negligence is a common cause of action in personal injury claims. One specific variation of this claim is known as "negligence per se." This legal principle holds that a violation of certain statutes or regulations can serve as proof of negligence without the plaintiff needing to establish traditional standards of negligent conduct. In this blog post, we will break down exactly how negligence per se works and what a plaintiff must prove to succeed in such a claim.
What is Negligence Per Se?
Negligence per se relies on the premise that a defendant’s violation of a statute or regulation intended to prevent harm automatically demonstrates that the defendant acted negligently. However, simply violating a law is not enough. There are specific elements that must be established to substantiate a claim under this doctrine.
Key Elements to Prove Negligence Per Se
To prevail in a negligence per se case in California, a plaintiff must generally demonstrate the following four elements:
1. **Violation of a Statute**: The plaintiff must show that the defendant violated a specific statute, ordinance, or regulation.
2. **Causation**: The violation must be a direct cause of the injury; that is, it must have legally caused the injury or damage suffered by the plaintiff.
3. **Nature of the Incident**: The incident must arise from the type of occurrence the statute was designed to prevent. For example, if a law requires using safety equipment on a construction site, an injury caused by not using this equipment could invoke negligence per se.
4. **Qualified Protection**: The injured party must belong to the class of individuals the statute aimed to protect. In other words, the plaintiff must fit within the category of people the law was designed to safeguard.
Every one of these elements must be proven for a plaintiff to establish a strong case of negligence per se.
Real-Life Example of Negligence Per Se
Consider a situation where a driver runs a red light and collides with another vehicle, causing injury. If it can be shown that the traffic signal law was in effect and that its purpose is to prevent collisions, then the driver could be found negligent per se for running the red light. The injured party only needs to prove that the law was violated and that this violation caused their injuries.
Why Understanding Negligence Per Se Matters
Understanding negligence per se is crucial for personal injury victims seeking justice and compensation. It simplifies aspects of proving a claim, as it removes much of the traditional burden of showing that the defendant acted negligently. This means that if you find yourself injured due to someone's violation of a safety statute, it can expedite your claim significantly.
If you or someone you know has questions about a personal injury case or potential negligence claims, Goldfaden Benson is here to help guide you through the process. We care about your case and can provide tailored guidance to help you seek the compensation you deserve. Feel free to reach out to us for more information on how we can assist you.
Knowing your rights and understanding the legal proximities surrounding personal injury is crucial in navigating through challenging times. Are you wondering if negligence per se might apply to your case? Contact us to discuss your situation further.
