Understanding Negligence Per Se in California Personal Injury Cases
When faced with an injury due to another party's actions, you might consider a negligence claim. In California, there's a unique aspect to negligence called "negligence per se." This concept simplifies the process of proving negligence in some cases, but it comes with specific requirements that you need to understand.
What is Negligence Per Se?
Negligence per se differs from regular negligence by asserting that a violation of a law or regulation constitutes negligence without needing to prove that the defendant breached a standard of care. In simpler terms, if someone breaks the law and that breach causes an injury, that act of breaking the law can be seen as evidence of negligence.
What Needs to Be Proven?
For a successful negligence per se case in California, the following elements must be established:
1. **Violation of a Statute**: The defendant must have violated a specific law or regulation. This means looking at federal, state, or local statutes relevant to the case.
2. **Causation of Injury**: It must be shown that the violation led to the injury. For instance, if a driver runs a red light and causes an accident, that action could be seen to directly connect to the resulting injuries.
3. **Nature of the Injury**: The injury must have occurred from an event that the law was designed to prevent. For example, traffic laws aim to prevent accidents; thus, violating these laws and causing an accident fits this criterion.
4. **Protection of a Class**: Lastly, the injured party must be part of the class of persons intended to be protected by that statute. Continuing the example, if the law was created to protect all drivers, then anyone injured in a car accident caused by running a red light can pursue a negligence per se claim.
Importance of Proving These Elements
Understanding these elements is crucial for anyone considering legal action after an injury. Even a small detail could determine whether you can take advantage of negligence per se. This principle can significantly lighten a plaintiff's burden of proof in accidents involving violations of laws designed for public safety.
Real-Life Example
Imagine you’re walking in a crosswalk, and a car fails to stop at a red light, hitting you. In such a situation, if you decide to file a lawsuit against the driver, asserting negligence per se may strengthen your case. You’d argue that the driver violated the traffic law (by running the red light) and that your injuries were a direct result of this action.
What Should You Do Next?
If you find yourself needing to navigate through a personal injury case, reaching out to experienced professionals is critical. The legal landscape can be complex, especially when dealing with negligence laws and the potential for a negligence per se claim.
Here at Goldfaden Benson, we specialize in personal injury cases and are well-acquainted with this area of law. If you have any questions or need assistance, feel free to contact us through our website [Goldfaden Benson Contact Us](https://www.goldfadenbenson.com/contact-us).
Navigating personal injury laws can seem daunting. If you've experienced a personal injury and are unsure how to proceed, exploring legal options centered around negligence per se might just bring you the clarity you seek. Our team is here to help you understand your rights and evaluate your case.
