Establishing fault and liability after an accident is essential when pursuing compensation and damages. Negligence per se is an important concept that simplifies the process of demonstrating negligence. For additional information and skilled legal advice, contact a Bergen County injury lawyer to set up your consultation today.
What is Negligence?
Before understanding what negligence per se is and how it relates to a personal injury case, it is important to establish the concept of negligence in general. Standard negligence is a legal theory that refers to an individual or entity’s failure to exercise reasonable care in a situation which resulted in harm to another person.
In a standard case, to prove negligence the plaintiff must demonstrate the following.
- Duty of care: The plaintiff must prove that the defendant owed them a duty of care, as in had a legal responsibility to act reasonably to prevent harm
- Breach of duty: It must be established that the defendant breached this duty by acting negligently or recklessly and failing to meet the expected standard of care
- Causation: The plaintiff must then show how the breach of duty caused harm
- Damages: Finally, they must prove that actual damages or losses resulted from the incident, like injuries and financial losses
What is Negligence Per Se?
Negligence per se is an important legal doctrine that makes it easier for individuals to establish negligence in an accident case. Under this concept, a defendant’s violation of a law or regulation is considered automatically negligent and there is no need for the plaintiff to establish the standard elements of negligence as discussed above.
Negligence per se operates without the need to prove all of the required factors that regular negligence needs by focusing on whether or not the defendant violated a law that was designed to protect a group of people.
How Can I Prove Negligence Per Se?
While negligence per se simplifies the process of establishing fault and liability, the plaintiff must still prove that certain conditions apply to the situation. First, they must demonstrate that the defendant violated a clear law or regulation, whether it be a traffic law, criminal law, or any other rule.
It must also be shown that the law that was violated was created with the intention of protecting a group of people from harm. For example, the law requiring drivers to come to a complete stop at a stop sign was designed to prevent drivers from colliding with other cars and pedestrians.
Finally, the plaintiff must prove that they are a part of the group of people the law aims to protect. Continuing the example of the stop sign laws, this would apply if the plaintiff was a pedestrian who was struck by the car that ran the stop sign.
Negligence per se does not just apply to car accidents, but also slip and falls, medical malpractice, food safety violations, and more. Work with an experienced lawyer to learn more about how negligence per se can benefit your case.
