Understanding Negligence Per Se in Personal Injury Cases
When someone suffers an injury due to another person's actions, determining fault can be complex. One approach used in personal injury law is negligence per se. This doctrine simplifies a plaintiff's burden of proof, which can be quite advantageous in a legal case.
What is Negligence Per Se?
Negligence per se occurs when a party violates a statute or regulation designed to protect a specific class of people and that violation results in harm. Essentially, if someone breaks a law intended to keep people safe, the law can be used as evidence of negligence.
For instance, consider a situation where a driver exceeds the speed limit and causes an accident. If someone is injured in that accident, the injured person may claim negligence per se, based on the driver's violation of traffic laws.
Key Elements of Negligence Per Se
To successfully establish negligence per se, a plaintiff must prove four key elements:
1. **Violation of a Statute**: The defendant must have violated a specific law or regulation. This could include traffic laws, health regulations, building codes, and others.
2. **Causation**: The defendant's violation must be shown to proximately cause the injury or damage suffered by the plaintiff. This means that the injury would not have occurred without the violation of the law.
3. **Type of Occurrence**: The nature of the event that led to the injury must be one that the statute was designed to prevent. For example, if a law was aimed at preventing speeding-related accidents, a speed limit violation resulting in a crash would align with this element.
4. **Protected Class**: The plaintiff must be part of the class of individuals the law was meant to protect. If a law is intended to safeguard cyclists and a driver violates it, but the injured party was walking at the time, they might not be eligible for a negligence per se claim.
Challenges in Proving Negligence Per Se
While negligence per se can help a plaintiff, it is crucial to understand that it does not automatically result in a ruling of negligence. The law still necessitates a thorough examination of causation and whether the statute truly applies to the circumstances. Also, if a defendant can show that their violation of the law was excusable, it might negate the negligence per se claim. For example, if someone speeds to avoid a life-threatening situation.
Real-Life Examples
Imagine a scenario involving a restaurant where the owner fails to adhere to health regulations, leading to health risks to patrons. If someone gets sick, they could assert negligence per se due to the health code violation.
In another example, suppose a construction company violates building safety codes during a project, resulting in a worker's injury. The injured worker may pursue a negligence per se claim since the statutes were meant to protect construction workers.
Conclusion
Negligence per se serves as a powerful tool for plaintiffs in personal injury cases, simplifying the process of establishing liability. However, it's important for individuals facing such situations to consult legal professionals who can provide insight specific to their circumstances.
If you have further questions about negligence per se or other personal injury topics, feel free to explore our practice areas or contact Goldfaden Benson for tailored information. Understanding your rights can be critical after an injury, and we’re here to help every step of the way.
