Define: Negligence Per Se

Negligence per se is a legal doctrine that establishes a presumption of negligence based on the violation of a statute or regulation. Unlike traditional negligence claims, where the plaintiff must prove the defendant’s breach of duty, causation, and damages, negligence per se simplifies the process by assuming negligence if the defendant violates a relevant law or regulation. This doctrine is applicable when the statute or regulation in question was enacted to protect a particular group of people or prevent specific types of harm. To succeed in a negligence per se claim, the plaintiff must demonstrate that they are within the class of individuals the law was designed to protect and that the violation was the proximate cause of their injuries. This doctrine streamlines the legal process in cases where a clear violation of law has occurred, making it easier for plaintiffs to establish liability for damages.

Negligence per se is an action which does not require proof or argument proving it is negligent because it is already considered negligent under statute or law. Traffic laws and building code violations, for example, are laws which have been passed to protect people from injury and if someone violates these statutes, laws or codes their violation would be considered negligent per se if their actions injured another person. Another example of negligence per se is drunk driving. In a drunk driving case, the injured plaintiff does not have to prove the defendant’s actions were negligent (because they are considered negligent per se) only that their injuries were the proximate cause of the defendant’s actions.

General requirements for negligence per se include proving the defendant violated a statute, law or regulation, the law or statute was created to protect individuals from harm, the plaintiff could be considered part of the group the law intended to protect and the defendant’s actions caused the kind of injury that the statute was designed to protect against. Compensation for negligence per se cases is similar to other personal injury claims. If the plaintiff wins their case they can be compensated for medical costs, lost wages, and pain and suffering. Under some conditions, punitive damages may also be paid.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.