What Is Negligence Per Se?
Negligence per se is a legal term used when a violation of the law is considered to be a negligent act – automatically. A person who is injured as a direct result of a violation of law, which is designed to protect the general public, may sue on the basis of negligence per se.
If a court agrees with the basis of the lawsuit, damages may be awarded to the plaintiff. Such damages can be awarded whether or not the defendant received a separate criminal sanction for the violation of the law.
3 Vital Aspects of Successful Negligence Per Se Cases
A Los Angeles negligence attorney must prove the following for a negligence per se case to succeed:
- The defendant must have violated a law, and the plaintiff experienced harm from the violation. For example, a person who runs a stop sign and slams into a woman in a wheelchair in a crosswalk broke the law and harmed the woman.
- The law must be shown that it was designed to protect people from injury. In the above case, this clearly is true; drivers must stop at stop signs so the public may safely cross at intersections.
- Someone acted in a way that failed to care for the public, meaning that a ‘reasonable person’ in the identical situation would not have caused injuries to others.
Note that the law is the standard of care: The plaintiff is not required to prove how that ‘reasonable person’ would have behaved, just that the law was broken. This may be established by the Los Angeles negligence legal counsel calling for witness testimony. Other proof may also be provided to show that injuries were caused by the broken law that was designed to prevent such injuries.
Contact Us for a Free Consultation
If you believe that you were victimized by an act of negligence by another party who broke the law, please contact negligence attorney Samer Habbas in Los Angeles today for a complimentary consultation. Call us at 1-888-848-5048.