Negligence is a central principle of personal injury law, but not all cases of negligence are created equal. One unique form of negligence is called “negligence per se.” Under this doctrine, a defendant will be automatically negligent if they break a law or regulation intended to safeguard the safety of other persons.
In this article, you will discover what negligence per se is, how it is different from general negligence, typical examples, the requirements to prove it, and how it can affect personal injury lawsuits. Knowledge of this doctrine is critical to anyone who is seeking a personal injury claim.
What Is Negligence Per Se?
Negligence per se is a legal doctrine that allows a plaintiff to establish a defendant’s negligence automatically by proving that the defendant violated a specific law or regulation. In these cases, the violation itself is considered proof of negligence, eliminating the need to prove that the defendant’s actions were unreasonable.
Key Characteristics of Negligence Per Se
- Automatic Negligence: The defendant is automatically considered negligent if they violated a law designed to protect others.
- No Need to Prove Unreasonableness: Unlike ordinary negligence, you do not need to show that the defendant’s actions were unreasonable.
- Focuses on Law Violation: The primary question is whether a law was violated and whether that violation caused the plaintiff’s injury.
How Negligence Per Se Differs from Ordinary Negligence
Negligence per se is different from ordinary negligence in several key ways:
Ordinary Negligence
- Four Elements: The plaintiff must prove duty, breach, causation, and damages.
- Proving Reasonableness: The plaintiff must show that the defendant failed to act as a reasonable person would under similar circumstances.
- Based on Common Law: It is determined by general legal principles rather than specific laws.
Negligence Per Se
- Law Violation Required: The defendant must have violated a specific law or regulation.
- Automatic Breach: The violation of the law is automatically considered a breach of duty.
- No Reasonableness Required: The plaintiff does not need to prove that the defendant’s actions were unreasonable.
Elements of Negligence Per Se
To establish negligence per se, the plaintiff must prove the following elements:
1. Violation of a Law or Regulation
The defendant must have violated a law, statute, regulation, or ordinance.
2. The Law Must Be Intended to Protect Public Safety
The violated law must be specifically designed to protect a certain group of people from certain types of harm.
3. The Plaintiff Must Belong to the Protected Class
The injured party must be part of the group of people that the law was designed to protect.
4. The Violation Must Cause the Plaintiff’s Injury
The plaintiff must show that the violation directly caused their injuries.
Example of Negligence Per Se
- A driver runs a red light (a clear traffic law violation) and crashes into another vehicle, injuring the driver. The injured driver can claim negligence per se because the traffic law is designed to protect other drivers from harm.
Common Examples of Negligence Per Se
Negligence per se can occur in various situations where a person violates a law designed to protect the safety of others:
Traffic Violations
- Speeding in a school zone.
- Running a stop sign.
- Driving under the influence of alcohol or drugs.
Building Code Violations
- Failing to install proper fire exits in a commercial building.
- Using substandard materials that violate safety standards.
Health and Safety Regulations
- Serving contaminated food in violation of health codes.
- Allowing unsafe working conditions in violation of OSHA regulations.
Animal Control Laws
- Allowing a dangerous dog to roam without a leash, resulting in a bite.
- Failing to vaccinate a pet as required by local law, leading to a disease outbreak.
Proving Negligence Per Se in Court
To successfully prove negligence per se in a personal injury case, the plaintiff must provide evidence that:
- A specific law, regulation, or ordinance was violated.
- The law was intended to protect people like the plaintiff.
- The violation directly caused the plaintiff’s injury.
Evidence That Can Help Prove Negligence Per Se
- Police Reports: For traffic violations.
- Building Inspection Reports: For code violations.
- Medical Records: Showing injuries caused by the violation.
- Witness Testimonies: Confirming the violation occurred.
Example of Proving Negligence Per Se
Imagine a case where a restaurant owner ignores local health codes by failing to refrigerate perishable food properly. If a customer becomes ill from eating that food, they can claim negligence per se because the health code was designed to protect customers from foodborne illnesses.
Defenses Against Negligence Per Se
Defendants in negligence per se cases may use several defenses to avoid liability, including:
1. The Law Was Unclear or Unconstitutional
If the law violated was vague, ambiguous, or found to be unconstitutional, it may not support a negligence per se claim.
2. The Violation Was Justified
A defendant may argue that they had a valid reason for violating the law, such as running a red light to avoid an imminent accident.
3. The Violation Did Not Cause the Injury
Even if the defendant violated the law, they may argue that the violation was not the direct cause of the plaintiff’s injury.
4. The Plaintiff Was Not in the Protected Class
If the plaintiff is not part of the group the law was designed to protect, negligence per se may not apply.
How Negligence Per Se Can Impact a Personal Injury Case
Negligence per se can significantly impact a personal injury case by making it easier for the plaintiff to prove their claim. Since the violation of the law is automatically considered negligence, the plaintiff does not need to spend time proving that the defendant’s actions were unreasonable.
Benefits for the Plaintiff
- Simplicity: Less evidence is needed to prove negligence.
- Stronger Case: The violation of a law is a powerful form of evidence.
Challenges for the Defendant
- Limited Defenses: The defendant must focus on challenging the other elements of the case, such as causation or damages.
- Higher Risk of Liability: Violating a law can make the defendant’s actions appear reckless or irresponsible.
Real-World Example
Imagine a situation where a driver is texting while driving and causes a car accident. Since texting while driving is illegal in many states, the injured party can use negligence per se to establish that the texting driver was automatically negligent. The focus of the case will then shift to proving that the texting directly caused the accident and resulted in the plaintiff’s injuries.
When Negligence Per Se Does Not Apply
Negligence per se does not apply in all situations. Some cases require the plaintiff to prove ordinary negligence, especially when:
- The law violated does not relate to public safety.
- The plaintiff is not part of the protected class.
- The defendant’s violation was not the direct cause of the injury.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
