Jonah Patel
Negligence per se is a legal doctrine in US law that deems an act as negligent because it violates a statute or regulation. In other words, negligence per se means negligence in itself. The doctrine is often applied in personal injury lawsuits, where the plaintiff must prove that the defendant violated a law or regulation intended to safeguard public safety, and that this violation caused them harm. The doctrine can also be invoked in criminal court, where criminal negligence is defined as conduct that ignores or disregards an apparent risk of harm that an average person in the same circumstances would have perceived. This conduct can result in criminal charges if it causes harm or endangers human life. So, does a criminal charge constitute negligence per se? The answer is that it depends on the specific circumstances of the case and the jurisdiction in which it is being tried.
Does a criminal charge constitute negligence per se?
| Characteristics | Values |
|---|---|
| Negligence per se | A doctrine in US law whereby an act is considered negligent because it violates a statute or regulation. |
| Ordinary negligence | Refers to a circumstance in which the defendant's acts or inactions are deemed careless or reckless, and this carelessness is directly responsible for the plaintiff's harm. |
| Criminal negligence | A "misfeasance" or "nonfeasance" where the fault lies in the failure to foresee and allow dangers to manifest. |
| Negligence per se vs. ordinary negligence | In ordinary negligence, the plaintiff must prove the defendant's conduct fell below the standard of care and that these actions caused harm. In negligence per se, the jury no longer has to consider whether the defendant's actions were reasonable or not. |
| Negligence per se application | The most common application of negligence per se is in traffic violations, where the driver is automatically considered negligent for violating the traffic code. |
| Defenses to negligence per se | Statute of limitations, unforeseen circumstances, and misapplication of the law. |
| Criminal negligence charges | Criminal negligence charges can be brought when a person's conduct ends a life or causes harm, such as in cases of dangerous driving or involuntary manslaughter. |
| Criminal negligence and mens rea | The test of any mens rea element is based on assessing whether the accused foresaw the prohibited consequences and desired to cause them. |
| Negligence per se and criminal charges | A criminal charge can constitute negligence per se if it meets the criteria of negligence per se, such as violating a safety statute or regulation intended to protect the public's safety. |
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What You'll Learn
Criminal negligence vs ordinary negligence
Criminal negligence and ordinary negligence are two distinct legal concepts with different implications and consequences. While ordinary negligence is a civil matter, criminal negligence can result in criminal charges and penalties, including jail or prison time.
Ordinary negligence, also known as civil negligence, refers to a failure to meet the standard of care that a prudent and reasonable person would typically exercise in similar circumstances. In other words, it is a deviation from the actions or omissions that a sensible person would undertake to prevent harm to others. Ordinary negligence often results in civil liability and personal injury cases, where the plaintiff must prove that the defendant's conduct fell below the applicable standard of care and was the actual and proximate cause of their harm.
Criminal negligence, on the other hand, involves a breach of an objective standard of behaviour expected of a defendant. It refers to a defendant's disregard for a serious risk of harm that a reasonable person in the same situation would have perceived. Criminal negligence occurs when the defendant should have been aware of the risk but failed to foresee and allow for otherwise avoidable dangers to manifest. This failure to foresee can, in some cases, rise to the level of willful blindness, where the individual intentionally avoids acknowledging the reality of a situation.
The distinction between ordinary and criminal negligence lies primarily in the degree of culpability and the potential consequences. Criminal negligence demonstrates a more reckless disregard for the safety of others and often involves a conscious choice that creates a significant risk of harm. It is considered a "misfeasance" or "nonfeasance" and can lead to criminal charges such as criminally negligent homicide, involuntary manslaughter, and negligent vehicular homicide.
In summary, while ordinary negligence typically results in civil liability and personal injury cases, criminal negligence involves a greater level of culpability and can lead to criminal charges and penalties, including imprisonment. The key difference lies in the degree of deviation from the standard of care and the potential consequences of the negligent act.
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Defendant excuses
In the context of negligence per se, a defendant's excuse refers to a legitimate reason for violating a statute or regulation, which can be used to rebut the presumption of negligence. Here are some examples of defendant excuses that can be considered in certain jurisdictions:
- Compliance with the statute would have posed a greater risk of harm to the defendant or others.
- The defendant suffered from a physical problem, such as an epileptic seizure, that led to a loss of control and the inability to comply with the statute.
- The defendant was acting in self-defence or the defence of others, using force proportionate to the imminent threat.
- The defendant, due to mental illness or incapacity, was unable to determine right from wrong or control their actions.
- The defendant was a minor child who used the degree of care expected of a reasonable minor of the same maturity, capacity, and intelligence.
It is important to note that the weight given to defendant excuses varies across jurisdictions, with some authorities allowing for rebuttals and others presuming duty and breach conclusively. The specific circumstances of each case also play a role in determining the validity of an excuse.
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Plaintiff's harm
In a tort case, negligence per se means negligence in itself. A defendant who violates a statute or regulation without a valid excuse is automatically considered to have breached their duty of care and is therefore negligent as a matter of law. This makes it easier for the plaintiff to recover damages.
To prove negligence per se, the plaintiff must show that:
- The defendant violated a common law duty of care or a duty of care under statute;
- The act caused harm or all harm that the statute was designed to prevent; and,
- The plaintiff was the victim suffering harm due to the breach of the duty of care, both generally and as a member of the statute's protected class.
The doctrine of negligence per se is a legal theory that holds a defendant accountable for damages if they violated legislation or regulation meant to safeguard the public's safety, and that breach resulted in harm to the plaintiff. The plaintiff's harm is believed to be the result of the defendant's breach of the legislation or regulation, making it simpler for the plaintiff to win the case.
In personal injury lawsuits, the plaintiff must prove that the defendant's conduct fell below the applicable standard of care and that these actions were the actual and proximate cause of their harm. The standard of care is the extent to which a reasonable person would have been prudent in the same set of circumstances that caused the injury. In many states, when a defendant violates a safety statute, an inference of negligence is raised, making it easier for the victim to recover damages.
In jurisdictions that follow traditional negligence per se rules, the mere reasonableness of a defendant's actions does not excuse them. However, there are situations that can give rise to legitimate excuses, such as compliance involving a greater risk of harm to the defendant or others.
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Traffic violations
Negligence per se is a legal doctrine in US law that deems an act as negligent because it violates a statute or regulation. In other words, negligence per se means negligence in itself. The most common application of negligence per se is traffic violations, where a driver who breaks a traffic law is automatically considered negligent.
In a tort case, a defendant who violates a statute or regulation without a legitimate excuse automatically breaches their duty of care and is therefore negligent as a matter of law. The plaintiff must prove that the violation was the actual and proximate cause of their injury or harm. For example, if a contractor violates a building code when constructing a house, and the house collapses and injures someone, the violation of the building code establishes negligence per se, and the contractor is liable.
In the context of traffic violations, if a driver's violation of a traffic law leads to a crash, they have committed negligence per se. This means that they would be considered negligent as a matter of law, and the injured party can hold them financially responsible. It is important to note that the injured party must provide evidence of their financial losses resulting from the careless individual's actions. This could be in the form of a guilty plea in traffic or criminal court.
It is worth mentioning that the doctrine of negligence per se varies from state to state. In some states, the violation of a safety statute creates a presumption of negligence. Additionally, there are exceptions where a defendant's violation of a statute is excused and not considered negligent, such as when the statute is unclear or when the defendant's non-compliance resulted in less harm than if they had complied.
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Personal injury lawsuits
Negligence per se is a legal principle that arises in the context of personal injury and wrongful death lawsuits. It is a doctrine in US law that means negligence in itself, whereby an act is considered negligent because it violates a statute or regulation. In other words, the defendant is automatically considered to have breached their duty of care and is therefore negligent as a matter of law.
In ordinary negligence cases, a personal injury plaintiff must prove that the defendant's conduct fell below the applicable standard of care and that these actions were the actual and proximate cause of their harm. However, in many states, when a defendant violates a safety statute, regulation, or municipal ordinance, and someone is hurt as a result, an inference of negligence is raised. This is known as negligence per se and can make it easier for the victim to recover damages.
In most states that follow the doctrine of negligence per se, a plaintiff must establish that the defendant violated a regulation or law enacted for safety reasons, that the plaintiff belongs to the class that was intended to be protected by the safety regulation or law, and that the violation caused the injury to the plaintiff. The law must be intended to protect the class to which the plaintiff belongs and guard against the particular type of harm suffered by the plaintiff. For example, if a safety regulation related to electricity is intended to protect against workplace injury, but the plaintiff is an ordinary passerby, the regulation may not be the basis for a negligence per se action.
In some jurisdictions, negligence per se creates a rebuttable presumption of negligence. This means that once negligence per se has been established, the defendant has the burden to rebut the presumption to escape liability. Defendants can use various arguments to challenge allegations of negligence per se, such as claiming that they did not violate a statute, law, or ordinance, or that the plaintiff was not in a class of people that the law was meant to protect.
The most common application of negligence per se is in traffic violations, where a driver is automatically considered negligent for violating the traffic code. For example, texting and driving can be considered negligence per se. In personal injury accidents, commercial truckers may be found negligent per se for violating state or federal regulations.
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Frequently asked questions
Negligence per se is a doctrine in US law that holds a defendant liable for damages if they violated a statute or regulation meant to safeguard the public's safety, and that breach resulted in harm to the plaintiff. The plaintiff must prove that the defendant violated a law or regulation, that the purpose of the law or regulation was to protect the public's safety, and that the plaintiff suffered harm due to the violation.
Ordinary negligence refers to circumstances in which the defendant's acts or inactions are deemed careless or reckless, and this carelessness or recklessness is directly responsible for the plaintiff's harm. In ordinary negligence cases, the plaintiff must prove that the defendant's conduct fell below the applicable standard of care and that these actions were the actual and proximate cause of their harm. Negligence per se, on the other hand, presumes that the defendant was negligent merely by breaching the legislation or regulation, without requiring additional proof of carelessness or recklessness.
The most common application of negligence per se is in traffic violations, where a driver is automatically considered negligent for violating the traffic code. Another example is a contractor who violates a building code, resulting in the collapse of a house and injury to someone. In this case, the violation of the building code establishes negligence per se, and the contractor will be found liable if their breach of the code was the proximate and actual cause of the injury.
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