What is Negligence Per Se?
A legal doctrine in which negligence is automatically established when the defendant violated a safety statute or regulation designed to protect the class of persons to which the plaintiff belongs.
Understanding Negligence Per Se
Under negligence per se, the plaintiff does not need to prove that the defendant failed to act as a reasonably prudent person. Instead, the violation of the statute itself establishes the breach of duty. The plaintiff must still prove causation and damages. Common examples include traffic violations, building code violations, and occupational safety regulation violations.
Examples
- 1Driver running a red light establishes negligence per se in the resulting accident
- 2Building owner violating fire code regulations when fire injures tenant
- 3Employer violating OSHA safety standards leading to worker injury
Related Terms
Breach of Duty
A failure to meet the applicable standard of care or to fulfill a legal obligation to act reasonably, which is a required element of a negligence claim.
Negligence
The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.
Duty of Care
A legal obligation requiring a person or entity to exercise a reasonable level of caution and prudence to avoid causing foreseeable harm to others.
OSHA Violation
A failure to comply with workplace safety and health standards established by the Occupational Safety and Health Administration, a federal agency that regulates workplace conditions.
Proximate Cause
The primary or legal cause of an injury that is sufficiently related to the harm to justify holding the defendant responsible, even if other factors also contributed.
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