Understanding Negligence Per Se in California Personal Injury Cases
When someone gets injured due to another’s actions, establishing fault can get complicated. One approach that can simplify things for a plaintiff is claiming negligence per se. This legal theory establishes that violating a statute, ordinance, or regulation is in itself a proof of negligence. Essentially, if you can show that the defendant broke a law that was designed to prevent harm to people like you, the law assumes they acted negligently.
Key Elements of Negligence Per Se
To successfully make a claim under negligence per se in California, a plaintiff must establish four essential elements:
1. **Violation of Law**: The defendant must have violated a statute, ordinance, or regulation.
2. **Causation of Harm**: The violation must have directly caused the injury or damage.
3. **Nature of Occurrence**: The incident causing the injury must be of a type that the law sought to prevent.
4. **Protective Purpose**: The injured person must fall within the class of individuals that the statute aimed to protect【6:1†source】.
Imagine you’re injured because a driver runs a red light. If that driver violated traffic laws, not only can you claim they are negligent, but you may also claim negligence per se because the law is designed to prevent accidents at intersections.
The Role of Causation
While negligence per se negates the need to prove that the defendant had a duty of care (as the statute itself outlines that), the plaintiff still needs to show causation. This means demonstrating that the injury would not have occurred but for the defendant's violation. If the plaintiff can't make this connection, even if there was a statutory violation, the negligence claim might be weak【6:17†source】.
Comparative Fault
It's also important to remember that even if the defendant was negligent per se, the plaintiff might share some responsibility for the injury. California operates under a comparative negligence rule. This means that if the injured party contributed to their accident, their compensation might be reduced as per their percentage of fault【6:5†source】.
A Real-Life Example
Let’s say a person slips and falls on a wet floor in a grocery store when no warning sign was posted. If that store violated a public health code by failing to maintain safety standards, the injured person could argue negligence per se. They’d simply have to prove that the lack of warning netted injury as per the earlier elements.
We advise anyone who feels they may have a case of negligence per se to seek legal counsel. At Goldfaden Benson, we’re ready to assist you with any questions regarding personal injury claims. Understanding your rights is crucial. If you’re unsure whether your situation meets these criteria, you can reach out for a consultation.
Have you or someone you know been injured due to someone else's negligence? Don’t hesitate—contact Goldfaden Benson to discuss your case and get more information on how we can help you pursue your rights.
