What is "Negligence Per Se" in a Personal Injury Case?

Negligence per se is a fault concept that can come into play in certain personal injury cases. Different jurisdictions define negligence per se in slightly different ways, but the concept generally applies when one person violates a law while causing an accident that injures someone else. Read on to learn more about negligence per se and how it might come into play in a personal injury lawsuit.

What Is Negligence Per Se?

Negligence per se is a personal injury law principle that defines an act as negligent when it violates a law that has been designed to protect the public.

Negligence per se more or less eliminates the "duty" and "breach" elements of a negligence claim. In other words, there is no need to demonstrate how the defendant's conduct was careless if you're relying on negligence per se. The fact that a law was violated establishes that the conduct was negligent.

In a car accident case, for example, that means you don't need to show how the other driver fell short of the appropriate duty of care when you're arguing that negligence per se should apply. Either the law was violated or it wasn't. If the law was violated, the discussion moves to whether the violation was the proximate cause of your damages (injuries and other losses).

An allegation of "negligence per se" can often be brought as a distinct claim (called a "cause of action" in legalese) in a personal injury lawsuit, or it may fall under the umbrella of a standard "negligence" cause of action laid out in a personal injury complaint filed in civil court.

"Negligence Per Se" Elements

Proving negligence per se claim in a personal injury case usually means the plaintiff's attorney needs to establish:

• that the defendant violated a law
• that the intent of the law was to prevent the kind of injury that ended up occurring
• that the violation of the law was a substantial factor in causing the plaintiff's harm, and
• that the injured patient (the plaintiff) is in the class of people the law was intended to protect.

Let's take a closer look at these elements.

Violation of Law

Proving that a law was violated is usually relatively easy. If a builder is issued a citation for failure to abide by building codes, or the other driver received a notice of traffic violation at the scene of the car accident, there isn’t much dispute regarding this first element.

Intent of the Law

Along with proving the violation comes figuring out the intent of the law. Most laws providing for a negligence per se claim are clear in their intent. They're designed with public safety in mind, to prevent bodily injury or some other type of harm, and that intent is usually stated within the text of the law itself.

The Plaintiff Is Part of the Protected Class

The class of people the laws are designed to protect is more often than not the public at large. If an ER doctor refuses to provide necessary emergency care, they may have violated a federal law known as the Emergency Medical Treatment and Active Labor Act. The intent of the law is to prevent the injury or death of a member of the public who lacks health insurance or the ability to pay for emergency care. In this example, the ER doctor may be liable for negligence per se and could face a lawsuit for medical malpractice.

What Are Some Examples of Negligence Per Se?

Almost any kind of law can form the basis of a negligence per se claim, as long as the law was drafted with public safety in mind, and the other elements we laid out above are also present. Let's look at a few common examples.

Violation of Traffic Laws

In the car accident context, negligence per se would involve such offenses as driving under the influence, reckless driving, running a traffic light or stop sign, or speeding. (Learn whether a drunk driver is always at fault for a car accident.)

Building Code Violations

Other common examples of laws that, if violated, can result in a negligence per se claim include safety-related building codes. Let's say a county law requires a specific kind of handrail on staircases outside residential buildings. A building landlord doesn't provide any handrail at all on the front steps of his building, and a tenant falls on the stairs, breaking her collarbone. The landlord would be liable for the tenant's injuries under a negligence per se theory.

Leash Laws and Dog Bites

Leash laws are another good example. If a city ordinance requires that all dogs be kept on a leash, and your dog bites someone while off-leash in a parking lot, any resulting injury claim could involve a negligence per se argument.

Get a Lawyer's Help Proving Your Negligence Per Se Case

Negligence per se may seem straightforward, but as with most legal concepts, there are exceptions to consider and pitfalls to watch out for. If you believe you were injured as a result of someone else's violation of the law, your best next step might be to contact an experienced personal injury attorney to discuss your case and your best strategy for getting a positive result.