What Is Negligence Per Se?

What Is Negligence Per Se?



Category: Personal Injury

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When someone wrongfully injures you, you can pursue legal action to get compensated for the losses they’ve caused. Physical injuries and their toll can be life-changing, but being hurt isn’t enough to guarantee a successful outcome. In a personal injury lawsuit, you must prove negligence on behalf of the defendant, or the person being sued.

Under common law, negligence is defined as a breach of duty that caused harm. The plaintiff first has to prove that the defendant owed a duty of care, that the defendant breached this duty, and that their breach caused the plaintiff’s injuries. In short, to prove common law negligence, a plaintiff has to prove that a defendant did not act as a reasonable person would have.

There’s also another way of proving negligence, and that is negligence per se. Negligence per se, which is latin for negligence in itself, is a type of action when a defendant violates a safety regulation, law, or ordinance designed to protect people.

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