Understanding Negligence Per Se in Personal Injury Cases
Negligence per se is an important concept in personal injury law that allows certain legal violations to establish that a person was negligent without requiring additional proof. In this article, we'll simplify the idea of negligence per se and explain how it works, giving you an understanding of what needs to be proven in these cases.
What is Negligence Per Se?
Generally, negligence is found by demonstrating that a person did not act with the care of a reasonably careful person. However, negligence per se dictates that when a defendant violates a law, regulation, or statute intended to protect public safety, this violation is automatically considered negligent behavior.
Imagine a scenario where a driver speeds through a residential neighborhood, violating the posted speed limit. If this driver hits a pedestrian resulting in injury, the violation of the speed limit can act as a presumption of negligence. The injured pedestrian does not need to prove that they acted reasonably; they simply need to show that the driver violated the speed limit which is meant to prevent accidents.
Key Elements to Prove Negligence Per Se
To succeed in a negligence per se claim, a plaintiff must establish four key elements:
1. **Violation of a Statute**: The defendant must have violated a specific law, ordinance, or regulation.
2. **Causation**: This violation must have proximately caused, or legally led to, the injury or damage suffered by the plaintiff.
3. **Type of Injury**: The incident that resulted in the injury must relate to the harm that the statute was intended to prevent. For example, if a law aims to protect pedestrians, a pedestrian injury due to a traffic law violation fits this criterion.
4. **Protected Class**: Lastly, the injured party must be part of the group that the law was designed to protect. In our earlier example, pedestrians are the individuals meant to benefit from speed limit regulations.
Real-Life Example
Let's say you’re walking near a construction site. There is a specific regulation requiring adequate safety measures to protect pedestrians. If the site is not properly secured and you are injured after falling into a dangerously exposed area, the construction company could potentially be held liable under negligence per se because they have failed to follow safety regulations meant to protect the public.
Why Did I Write This?
Understanding negligence per se can empower individuals who have been injured due to another party's legal violations. It shifts the focus from proving general negligence to relying on established laws, simplifying the process for plaintiffs in personal injury cases.
If you or someone you know has been injured in an accident and believe negligence may be a factor, contacting a knowledgeable law firm is a critical step. At Goldfaden Benson, our experienced legal team is ready to help you navigate the complexities of personal injury law. Visit our website to learn more about how we can assist you.
What are your thoughts about the negligence per se concept? Could it impact how you view personal safety and legal responsibility?
