This video provides a brief introduction to negligence per se. This subject can be extremely complicated, so it is essential that you seek legal representation if you plan on bringing a negligence per se cause of action.
Negligence per se is a cause of action that a plaintiff can bring in a personal injury case. The plaintiff must prove that the defendant violated a statute. If the plaintiff sues under a negligence per se cause of action, the plaintiff does not have to prove that the defendant was negligent.
There are three elements that the plaintiff must prove in a negligence per se action.
First, the plaintiff must prove that the defendant violated a statute.
Second that the law was designed to protect the welfare of others.
Lastly, that the plaintiff must prove that the plaintiff is a member of the class of persons that the statute is designed to protect.
There are many different statutes that could be used to establish negligence per se in a personal injury action. One very common statute that many plaintiffs use is the one which prohibits drunk driving.
Here, when the defendant’s blood alcohol content is above the legal limit the plaintiff can establish that the defendant broke the law. The plaintiff can establish causation by showing that the defendant caused a crash.
Lastly, the plaintiff in a drunk driving situation is clearly a member of the class that the statute was designed to protect against.
Proving negligence per se is not always as easy as it appears to be.
If your personal injury case is based on the concept of negligence per se you need to hire an experienced personal injury attorney.
The lawyers at Hutchison & Stoy have many years of experience in the personal injury field. We use this experience to help clients gain access to justice in their personal injury cases.