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What is negligence per se?

There is no shortage of dangerous situations you could find yourself in at any moment. You know an accident could happen, from slippery spills on a shopping mall floor to distracted drivers on the road. You are careful to pay attention to avoid unnecessary risk.

But what happens if you sustain an injury due to someone else’s negligence? And what if there is a law already in place to prevent that very situation from happening? This circumstance is negligence per se. In cases like this, it is necessary to prove the responsible party violated the law. Here at Goldstein & Goldstein, LLP, we understand how negligence per se can significantly change the outcome of your personal injury lawsuit.

Negligence per se applies to personal injury cases where the act of negligence breaks the law or violates a regulation. For negligence per se to apply, your legal team must establish three things. First, the responsible party must violate a law. Second, that law must be in place specifically to protect from the injury that you sustained. Finally, you must be part of the “class” that the applicable law protects. The law usually protects the general public.

Negligence per se can apply in various types of personal injury claims. A distracted driver could be guilty of negligence per se. Emergency rooms that do not follow established regulations may be at fault. A business that knowingly violates safety laws in the location the injury occurs may be liable.

Please visit our page on personal injury to learn more about negligence and what it can mean for your liability case.