Malcolm Rivera
Negligence per se is a legal doctrine that applies when an individual violates a law and causes an accident that injures someone else. In such cases, the defendant's actions are assumed to be unreasonable, and they are automatically considered negligent. The doctrine is a form of strict liability, and it can make it easier for the victim to recover damages. However, the specific application of negligence per se can vary across different states and jurisdictions. For example, in some states, a violation of a safety statute creates a presumption of negligence, while in others, it is merely evidence of negligence. Therefore, it is essential to understand the specific state and jurisdictional laws when considering whether a violation of CIF constitutes negligence per se.
| Characteristics | Values |
|---|---|
| Definition | Negligence per se is a doctrine in US law whereby an act is considered negligent because it violates a statute or regulation. |
| 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. It can also apply to violations of safety-related building codes or leash laws, for example. |
| Jurisdictional Variation | The definition and application of negligence per se vary across jurisdictions. In some states, the violation of a safety statute creates a presumption of negligence, while in others, it is merely evidence of negligence. |
| Plaintiff's Burden of Proof | To prove negligence per se, the plaintiff must typically show that the defendant violated a common law duty of care or a duty of care under statute, that the act caused harm, and that the plaintiff was a member of the protected class intended to be protected by the statute. |
| Defendant's Opportunity to Rebut | In some jurisdictions, the defendant can rebut the presumption of negligence to escape liability by proving the reasonableness of their actions, even if they did not meet the standards of the safety regulation or statute. |
| Standard of Care | In negligence per se cases, the jury determines whether the defendant's conduct violated the statute and caused the accident, but the standard of care is assumed. |
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What You'll Learn
Negligence per se in personal injury lawsuits
Negligence per se is a fault concept that is applicable in personal injury cases. In ordinary negligence cases, a personal injury plaintiff must prove that the defendant's conduct fell below the 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, and this is known as negligence per se.
The key element of any traditional negligence per se action is that the jury no longer has to consider whether the defendant's actions were reasonable or not. The defendant's actions are assumed to be unreasonable if they violate an applicable rule, regulation, or statute. The jury will still determine whether the conduct violated the statute and caused the accident, but the standard of care is assumed.
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 is part of 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 harm suffered by the plaintiff.
For example, if a safety regulation related to electricity is intended to protect against the risk of workplace injury, but the plaintiff is an ordinary passerby, the regulation may not be the basis for a negligence per se action. The mere reasonableness of a defendant's actions does not excuse them in a jurisdiction that follows traditional negligence per se rules. However, there are situations that can give rise to legitimate excuses for the defendant. Under Restatement (Second) of Torts, Section 288A, certain excuses are permitted for statutory violations even in states that generally follow negligence per se.
In some states, the violation of a safety statute creates a presumption of negligence, but the defendant can rebut this presumption to escape liability. In other jurisdictions, the statutory violation is merely evidence of negligence and does not firmly establish negligence. A plaintiff may still be able to introduce evidence of a law or regulation to help establish whether the defendant's actions were reasonable in a jurisdiction that does not follow the traditional doctrine of negligence per se.
The most common application of negligence per se is in traffic violations, where the driver is automatically considered negligent for violating the traffic code. For example, in the car accident context, negligence per se would include offences such as driving under the influence, reckless driving, running a traffic light or stop sign, or speeding.
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Negligence per se in car accidents
Negligence per se is a legal concept that applies in personal injury cases, including car accidents. It is a fault concept that can make it easier for the victim to recover damages. In the context of car accidents, negligence per se occurs when a driver violates a traffic law intended to protect the public, such as running a red light or speeding. In such cases, the driver is automatically considered negligent, and the discussion moves to whether the violation was the proximate cause of the damages (injuries and other losses).
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 caused their harm. However, in cases of negligence per se, the defendant's actions are assumed to be unreasonable if they violate an applicable rule, regulation, or statute. The jury will still determine whether the conduct violated the statute and caused the accident, but the standard of care is assumed.
To establish negligence per se in a car accident case, the plaintiff must typically prove three elements: First, that the defendant violated a regulation or law enacted for safety reasons. Second, that the plaintiff belongs to the class intended to be protected by the safety regulation or law. And third, that the violation caused the injury to the plaintiff. For example, if a defendant has been convicted of driving under the influence (DUI), evidence of the conviction may be admissible and can make it easier to prove negligence per se.
It is important to note that the application of negligence per se varies from state to state. In some states, the violation of a safety statute creates a presumption of negligence, which the defendant can rebut to escape liability. In other jurisdictions, the statutory violation is merely evidence of negligence, and the defendant can try to prove the reasonableness of their actions.
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Negligence per se and the duty of care
Negligence per se is a legal doctrine that applies to personal injury cases and eliminates the "duty" and "breach" elements of a negligence claim. It is established when a defendant violates a statute or regulation that is designed to protect against a specific type of accident or harm, and the plaintiff is part of the group that the statute is designed to protect. The doctrine allows for an inference of negligence, shifting the burden of proof from the plaintiff to the defendant. This means that the defendant must provide evidence to show that they were not negligent.
In a tort case, a defendant who violates a statute or regulation without a valid excuse is automatically considered to have breached their duty of care and is negligent as a matter of law. The key element of negligence per se is that the jury no longer needs to consider whether the defendant's actions were reasonable or not. Instead, the focus shifts to determining whether the violation was the actual and proximate cause of the plaintiff's injury.
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, drunk driving laws are intended to protect the public from intoxicated drivers. If a driver is convicted of driving with a blood alcohol content above the legal limit and causes an accident, this would be considered negligence per se.
Another example of negligence per se is the violation of building codes. Building codes are adopted to protect occupants from unsafe buildings. If a builder violates a code provision designed to prevent the spread of fires, and occupants are injured in a fire that could have been contained by following the code, the builder may be found negligent per se.
It is important to note that negligence per se does not conclusively establish liability. Defendants may still be able to meet their burden of showing that they were not negligent by providing evidence that rebuts the presumption of negligence. For example, they may argue that a reasonable person under the circumstances would have also violated the law or that they were unable to comply with the statute.
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Negligence per se in building code violations
In the United States, landowners and persons who occupy, control, and/or lease property are responsible for ensuring that their premises are safe for visitors. If a visitor sustains an injury on someone else's property, the property owner or occupier can be held liable for damages.
A building code violation can be used to establish a negligence per se claim. Negligence per se is a doctrine in US law that deems an act negligent because it violates a statute or regulation. In a tort case, a defendant who breaches 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.
For instance, if a building code section states that the vertical bars on a railing must be no more than four inches apart, and a landowner has railings with vertical bars that are six inches apart, and a child falls through the bars, the landowner could be held liable under a negligence per se theory.
To prove negligence per se, the plaintiff must typically demonstrate the following:
- The defendant violated a common-law duty of care or a duty of care under statute.
- The act caused harm or all the harm the statute was designed to prevent.
- The plaintiff was the victim who suffered harm due to the breach of the duty of care, both as an individual and as a member of the statute's protected class.
It is important to note that the application of negligence per se varies across states. While some states consider a statutory violation as a presumption of negligence, the defendant can rebut this presumption to escape liability. In other jurisdictions, a statutory violation is merely evidence of negligence, and the defendant can attempt to prove the reasonableness of their actions.
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Negligence per se and economic loss
Negligence per se is a doctrine in US law that deems an act negligent because it violates a statute or regulation. It is a form of strict liability, and the defendant is automatically considered to have breached their duty of care. The key element of negligence per se is that the jury does not need to consider the reasonableness of the defendant's actions. Instead, the focus is on whether the defendant's conduct violated a statute or regulation and caused harm to the plaintiff.
In the context of economic loss, negligence per se can apply in certain situations. For example, in construction liability claims, actions are often brought in tort as a necessity or last resort when there is no contractual relationship between the claimant and the defendant or when the limitation period under contract has expired. However, a critical distinction is made between physical damage and pure economic loss in these cases. Pure economic loss refers to a defect in a building that does not cause physical damage but results in financial consequences. In such cases, a special relationship between the claimant and defendant may be required to establish negligence per se.
The violation of building codes or safety regulations can lead to negligence per se claims in the construction industry. For instance, in the case of Gorris v. Scott (1874), the Court of Exchequer held that the harm suffered must be the type the statute intended to prevent. If a contractor breaches building codes, and this breach is the proximate and actual cause of injury, they will be found liable under negligence per se.
To prove negligence per se in cases involving economic loss, the plaintiff must typically demonstrate that the defendant violated a common law duty of care or a statutory duty of care. Additionally, the plaintiff must show that they suffered harm as a member of the statute's protected class due to the breach of the duty of care. The specific requirements may vary across different states in the US.
It is worth noting that, in some states, the violation of a safety statute creates a presumption of negligence per se, but the defendant can rebut this presumption. In other jurisdictions, the statutory violation is merely considered evidence of negligence, and the defendant can argue the reasonableness of their actions despite not meeting the safety standards. These variations in the application of negligence per se across different states highlight the importance of understanding the specific legal context in which a claim is made.
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Frequently asked questions
Negligence per se is a doctrine in US law, which means negligence in itself. It is a fault concept that can be applied in personal injury cases where a person violates a law and causes an accident that injures someone else. The doctrine permits an inference of negligence, which can make it easier for the victim to recover damages.
The key element of negligence per se is that the jury no longer has to consider whether the defendant's actions were reasonable or not. The defendant's actions are assumed to be unreasonable if they violate an applicable rule, regulation, or statute.
In ordinary negligence cases, the plaintiff must prove that the defendant's conduct fell below the applicable standard of care and that these actions caused harm to the plaintiff. However, in negligence per se, there is no need to demonstrate how the defendant's conduct was careless as the violation of the law itself establishes that the conduct was negligent.
Common examples of negligence per se include traffic violations such as driving under the influence, reckless driving, running a stop sign, or speeding. Other examples include violations of safety-related building codes, leash laws, or medical malpractice, such as an ER doctor refusing to provide necessary emergency care.
To prove negligence per se, the plaintiff must typically establish that the defendant violated a regulation or law enacted for safety reasons, that the plaintiff is a member of the class intended to be protected by the law, and that the violation caused the injury to the plaintiff. The plaintiff must show that the defendant breached their duty of care, and this breach caused harm to the plaintiff.
