Proving Negligence In Personal Injury With Negligence Per Se

In personal injury law, there is a rule known as “negligence per se” which states that if an at fault party's actions violated a law or regulation, then the court will consider the conduct  negligent without analyzing whether or not a reasonable person would have done the same thing. In these cases, a judge or jury will question only whether the statute was violated and, if so, what damages resulted. In other words, if a law is broken (such as a traffic violation leading to an accident that caused your injury) then no duty to care need be established. Also, no breach of the duty to care need be proven, only that the statute was violated and negligence is  present. 

   Once a statue has been shown to have been violated, it is important that the injured party can clearly demonstrate that the statute or law violated was intended to prevent the type of harm that caused the injury. So, essentially the cause of your injury and the damages that resulted are still in dispute with this "negligence per se" concept. 

 

Here is a quick list of what is required to prove "negligence per se"

  • the defendant violated a statute or regulation
  • the statute or regulation was designed to protect some class of people from harm
  • the plaintiff was in the class the statute aims to protect, and
  • the defendant’s actions caused the kind of injury that the statute was designed to protect the plaintiff (and those like him) against.

If you've been injured in an accident by no fault of your own, call an Asheville personal injury lawyer now!

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