Understanding Negligence Per Se in California
Negligence is a common issue in personal injury law. One concept under this umbrella is "negligence per se." This legal doctrine allows a plaintiff to establish negligence based on a violation of a statute. Understanding what must be proven under this theory can help clarify how cases are argued in court.
The Basics of Negligence Per Se
Negligence per se is a form of negligence where the violation of a law or regulation is sufficient to meet the duty of care requirement. Rather than proving that a defendant failed to act as a reasonably careful person would, the plaintiff shows that a specific law was broken, which is directly tied to their injury. To prevail under this doctrine, a plaintiff needs to establish four essential elements:
1. Violation of a statute: The defendant must have violated a specific statute, ordinance, or regulation.
2. Causation: This violation must have directly caused the plaintiff's injury or property damage.
3. Protected class: The plaintiff must be a member of the group that the law was designed to protect.
4. Nature of the injury: The injury must be of a type that the statute intended to prevent.
Let’s break this down through an everyday example. Suppose there is a statute that prohibits texting while driving because it aims to reduce distractions and increase road safety. If a driver texts and hits another car, that driver could be proven negligent per se because they violated the law.
Why is this Important?
This principle simplifies the case for the plaintiff. Once the violation of the law is established, the burden shifts to the defendant to demonstrate why their actions should not be deemed negligent.
Navigating Negligence Per Se
It’s essential to recognize that while navigating this legal concept, the jury will weigh the facts. A judge determines if the law establishes the standard of care, while the jury assesses if the law was indeed violated and whether the violation caused harm【6:2†source】.
Given California's complex statutes, if you or someone close to you has questions about how negligence claims can be structured or need assistance with a personal injury situation, connecting with an experienced personal injury attorney can provide clarity and support. At Goldfaden Benson, we are here to help you understand your rights and options in these challenging circumstances. Don't hesitate to reach out or allow us to assist you in exploring your legal avenues further.
Have you ever faced a situation where a statute was apparently violated, and you wondered how this impacted a case?
