If you have suffered an injury due to someone else’s negligence, you may be entitled to significant compensation. If you plan on pursuing a personal injury claim, it’s important to understand the differences between the legal theories of ordinary negligence and negligence per se. Please continue reading to learn when negligence per se applies and how our determined Morris County Personal Injury Attorneys can help you fight for the funds you deserve.
When Does the “Negligence Per Se” Doctrine Apply?
In ordinary negligence cases, a plaintiff is required to prove that a defendant’s conduct fell below the applicable level of care and that these actions were the cause of their harm. The standard of care is the extent to which a reasonable person would have exercised in the same situation that caused the injury. However, when a defendant violates a statute or regulation and someone else is hurt as a result, the doctrine of negligence per se may be applicable.
This legal doctrine makes it much easier for a victim to recover damages. This is because the court doesn’t need to determine whether the defendant’s actions were reasonable or not. The defendant’s actions are automatically assumed to be unreasonable if their conduct has violated a law. Essentially, you don’t have to prove the elements of duty and breach. The violation is evidence enough that the defendant was negligent because a reasonable person would not violate an applicable rule, regulation, or statute. Nevertheless, although it’s easier to pursue a negligence claim when negligence per se applies, they must demonstrate certain elements, such as:
- The defendant broke a law or regulation enacted for safety reasons
- The plaintiff belongs to the class of people the law or regulation was intended to protect
- The violation was the direct cause of harm
- The violation caused the plaintiff to suffer damages
It’s important to note that there are certain limits. Negligence per se only applies if a safety regulation is intended to protect the class to which the plaintiff belongs and if it is intended to guard against the particular harm suffered. For instance, in a drunk driving case, the plaintiff doesn’t need to prove negligence in the traditional sense. Instead, all they have to do is prove that the defendant violated the law and that the law was designed to protect the victim. This is because a reasonable person would not get behind the wheel while intoxicated.
If an individual has harmed you, it’s in your best interest to an experienced personal injury attorney to determine if negligence per se applies to your case. At Lutz Injury Law, we will tirelessly work on your behalf to recover the compensation you deserve. Connect with our firm today for quality legal representation.