Understanding Negligence Per Se in California
Navigating personal injury law can be daunting, especially when it comes to defining key concepts like negligence. One important aspect that often arises in legal cases is "negligence per se." This doctrine helps streamline the legal process by establishing negligence based on a violation of statutory standards. Let’s break down how this works in simple terms.
What is Negligence Per Se?
Negligence per se occurs when a defendant violates a statute or regulation that is intended to prevent certain types of harm. In this case, the law assumes that the defendant was negligent simply because they broke the law. Here are the core elements a plaintiff must prove to establish negligence per se:
1. **Violation of a Statute**: The defendant must have violated a specific law, ordinance, or regulation. This can include traffic laws, safety codes, or health regulations.
2. **Causation**: The plaintiff needs to show that this violation actually caused the injury or harm. Just breaking a law isn't enough; the violation must be linked directly to the injury.
3. **Type of Harm**: The type of harm that occurred must be the type that the statute was designed to protect against. In other words, if the law was enacted to prevent injuries in specific scenarios, those must align with the incident.
4. **Protected Class**: Finally, the individual who was harmed must belong to the class of people that the law intended to protect. For example, if a safety regulation is in place to protect workers, an injured employee would typically be considered part of that protected class.
To illustrate, consider a straightforward scenario: Suppose a driver runs a red light and causes an accident. The violation of traffic laws (running a red light) may serve as evidence of negligence per se if it's proven that this action directly led to the crash and that traffic laws are specifically designed to prevent such accidents.
Why Choose this Doctrine?
The benefit of claiming negligence per se is that it reduces the burden of proof on the plaintiff. Instead of having to prove that the defendant was negligent in the broad sense, the plaintiff can focus on the specific statutory violation. This often makes it easier to establish a clear link between the action and the injury.
Wrapping Up
If you believe you have been injured due to someone's failure to uphold a standard mandated by law, you may have a potential claim under negligence per se. It’s important to gather all relevant information about the injury and the laws that may apply. The nuances of personal injury law can be complex, and seeking the advice of an experienced attorney can help determine the next steps.
At Goldfaden Benson, we specialize in personal injury cases and are here to provide detailed assistance and answer any questions you may have. For more information, feel free to contact us directly. Shifting through legal terminology might be challenging, but you don’t have to do it alone.
