Negligence per se is a legal doctrine that establishes a presumption of negligence when a defendant violates a statute, regulation, or ordinance designed to protect the public and that violation directly causes harm to the plaintiff. Unlike general negligence, which requires proving the defendant’s actions fell below a reasonable standard of care, negligence per se focuses on the breach of a specific law.
For example, if a driver runs a red light and causes an accident, their violation of traffic laws can be considered negligence per se because traffic laws are intended to prevent such harm.
Negligence per se is important because it simplifies the process of proving negligence in personal injury cases. By establishing that the defendant violated a law designed to protect people like the plaintiff, the plaintiff can avoid having to demonstrate that the defendant failed to act as a reasonable person would.
This doctrine is particularly useful in cases involving clear violations of safety regulations, such as drunk driving, building code violations, or workplace safety standards. For defendants, rebutting a negligence per se claim may involve arguing that the law was not applicable to the circumstances or that the violation did not directly cause the harm.
Negligence per se strengthens the plaintiff’s case by shifting the focus to the violation of a legally defined standard.
When addressing negligence per se in personal injury cases:
Negligence per se provides a powerful tool for holding individuals and entities accountable when their violation of a law directly results in harm to others.
