Negligence Per Se under Torts Law
Negligence Per Se in Tort Law: Detailed Explanation
What is Negligence Per Se?
Negligence Per Se is a concept where an act is considered negligent because it violates a law, rule, or regulation designed to protect the public. In such cases, the breach of the legal requirement automatically counts as negligence, without needing to prove that the defendant failed to exercise reasonable care.
How Does Negligence Per Se Work?
Normally, in a negligence claim, the plaintiff must show that the defendant owed a duty of care, breached that duty, and caused harm as a result. However, with negligence per se:
The plaintiff points to a specific statute or regulation that the defendant violated.
This law must be designed to protect a certain class of people from a specific type of harm.
If the defendant violates that law, and the plaintiff is among the class the law is meant to protect, the violation automatically establishes breach of duty.
The plaintiff still must prove that the violation caused their injury.
Key Elements of Negligence Per Se
Violation of a Statute or Regulation:
The defendant must have broken a law or rule.
The Law Was Intended to Protect:
The statute or rule was designed to protect people like the plaintiff from the type of harm suffered.
Causation:
The violation must have caused the plaintiff’s injury.
Why is Negligence Per Se Important?
It simplifies the plaintiff’s burden by proving breach through statutory violation.
It encourages adherence to safety laws and regulations.
It provides clear standards for conduct.
Example of Negligence Per Se
A driver runs a red light (violating traffic laws) and hits a pedestrian.
The traffic law is meant to protect pedestrians from accidents.
The violation automatically counts as negligence, and the driver can be held liable if the pedestrian was injured.
Summary
Negligence Per Se = Negligence established by breaking a law designed to protect others.
Focuses on violation of safety statutes or regulations.
Eliminates need to prove breach of duty separately.
Plaintiff must still prove causation and damages.
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