Negligence per se

Definition

Negligence per se is a legal doctrine that establishes that an act is considered negligent because it violates a statute or regulation. This concept streamlines the process of proving negligence by allowing plaintiffs to show that the defendant breached a duty of care simply by violating a law that was designed to protect a specific group of people. When a party's actions are deemed negligent per se, it can simplify causation and liability issues, as the violation itself is often sufficient to establish that harm occurred.

5 Must Know Facts For Your Next Test

1. Negligence per se applies when a defendant violates a law or regulation intended to protect public safety, such as traffic laws or health regulations.
2. In negligence per se cases, the plaintiff does not need to prove that the defendant acted unreasonably; the mere violation of the statute is enough.
3. The statute must be clear and specific in its terms for negligence per se to be applicable, ensuring that individuals are aware of their obligations under the law.
4. Negligence per se can help establish causation by linking the violation directly to the injury sustained by the plaintiff, making it easier to demonstrate liability.
5. Certain defenses, such as contributory negligence or assumption of risk, may still apply in negligence per se cases, potentially affecting the outcome.

Review Questions

• How does negligence per se simplify the process of proving negligence in legal cases?
  • Negligence per se simplifies proving negligence by allowing plaintiffs to establish liability solely based on a defendant's violation of a statute. This eliminates the need for plaintiffs to demonstrate that the defendant acted unreasonably, as the violation itself is sufficient evidence of negligence. As a result, this concept streamlines legal proceedings and focuses on whether the law was broken and if it directly caused harm.
• Discuss the types of laws or regulations that can give rise to negligence per se claims and why they are significant.
  • Laws that can give rise to negligence per se claims are typically those aimed at protecting public safety, such as traffic laws, building codes, or health regulations. These statutes are significant because they provide clear standards of conduct that individuals must follow. When these laws are violated, it indicates a failure to meet the established duty of care, making it easier for injured parties to seek redress without needing extensive proof of unreasonable behavior.
• Evaluate the implications of negligence per se on liability and how it affects both plaintiffs and defendants in legal disputes.
  • Negligence per se has substantial implications for liability as it shifts the focus from proving unreasonable behavior to simply demonstrating a statutory violation. For plaintiffs, this means they have a clearer path to establishing liability and may find it easier to obtain compensation for their injuries. For defendants, this can pose challenges, as they may face liability without needing to show fault or intention behind their actions. Additionally, defendants may have limited defenses available, leading to higher stakes in cases involving clear statutory violations.

Related terms

Duty of Care:

The legal obligation of individuals to adhere to a standard of reasonable care while performing any acts that could foreseeably harm others.

Statutory Law: Written laws enacted by legislative bodies at the local, state, or federal level that govern conduct within society.

Causation:

The relationship between the defendant's actions and the plaintiff's injury, demonstrating that the harm suffered was directly caused by the defendant's negligent behavior.