Title: Understanding Negligence Per Se in California Personal Injury Cases
In personal injury law, "negligence per se" is a principle that can significantly impact cases where a party's actions lead to harm. To help you navigate this complex area of the law, this article will break down the requirements for proving negligence per se so that you can better understand how it applies to personal injury cases in California.
What is Negligence Per Se?
Negligence per se is based on the idea that a person’s violation of a law or regulation can be used as a basis for proving that they were negligent. Essentially, if someone breaks a law designed to protect public safety, and that violation leads to injury, that person can be presumed to have acted negligently. This saves the plaintiff from needing to prove that the defendant failed to meet the general standard of care.
Requirements for Proving Negligence Per Se
To successfully prove negligence per se, the plaintiff must establish four key elements:
1. **Violation of a Statute or Regulation**: The defendant must have violated a specific statute, ordinance, or regulation. This could be related to traffic laws, safety regulations, or health codes.
2. **Causation**: The violation must be shown to legally cause the injury or damage suffered by the plaintiff. For example, if a driver runs a red light (violation) and hits another car (injury), this element could be established.
3. **Design of the Statute**: The injury must be of the kind that the law was intended to prevent. For example, if a building code is violated, and the resulting unsafe structure causes a collapse, this law was likely intended to prevent such incidents.
4. **Protected Class**: The plaintiff must belong to the group of people the statute is meant to protect. If a pedestrian is injured by a speeding vehicle, which is a clear violation of traffic laws intended to protect pedestrians, they would meet this requirement.
Real-Life Application
Consider a scenario where a driver runs a stop sign and collides with a pedestrian in the crosswalk. The driver violated traffic laws (the first element) and caused an injury to the pedestrian (the second element). This traffic law exists to protect pedestrians (the third element), so the pedestrian is within the class of individuals that the statute is designed to protect (the fourth element).
Understanding these elements can be crucial if you find yourself involved in an incident where negligence per se may come into play. Without needing to show that the driver took the reasonable precautions that a careful driver would have, the injured pedestrian can streamline their case based on the clear violation of the law.
Connect with Us
If you have questions about your case or need help assessing a potential injury claim related to negligence per se, we encourage you to reach out to our experienced team at Goldfaden Benson. Our attorneys are ready to provide guidance on your legal options. Visit our contact page to schedule a consultation.
Understanding personal injury law, especially concepts like negligence per se, might seem daunting at first. Equipped with the right information, you can take informed steps toward securing the justice you deserve.
