Negligence per se is the legal principle that evidence of a violation is sufficient proof to establish that negligence occurred and that an injured person’s legal team doesn’t then need to prove usual standard negligence. In most personal injury cases, a lawyer would have to prove that the negligent party owed their client a duty of care and that the negligent party breached their duty of care through their negligent actions.
Lawyers for personal injury victims must also show that an at-fault party should have reasonably foreseen their actions were likely to result in injury. Negligence per se provides a basis that violating the law is itself a form of negligence. Within this latest post, we’ll explain more about negligence per se and its role within Pennsylvania injury cases.
The Difference Between Negligence and Negligence Per Se
The differences between negligence and negligence per se in personal injury cases are:
Standard of Care
In general negligence cases, the standard of care refers to actions a reasonable person would take in the same situation. Within negligence per se cases, the standard of care relates to the violation or legal act the defendant violates when causing the injury. You can read more about how negligence works in Pennsylvania injury claims with our post in negligence in SEPTA related cases.
The Burden of Proof
Under the standard negligence definition, the person who files the injury case and their legal team must establish the elements of negligence. Whereas, in negligence per se cases, the defendant must prove they were acting with reasonable care and attention despite violating the laws.
Application
Negligence per se usually applies in scenarios where a regulation directly links with the conduct that caused harm to the injured party. General negligence, however, can refer to a broad range of actions that might not involve breaking specific rules or laws.
What Are the Elements of a Negligence Per Se Case?
Negligence per se cases involve the at-fault person breaking the law and this action directly causing your injuries. There are four specific elements of negligence per se cases:
- You must prove the at-fault party broke the law
- The purpose of the broken law was to protect you and victims like you
- Your injuries are the direct result of the at-fault person’s actions.
Examples of Negligence Per Se Cases
Negligence per se often applies to car accident cases in which a driver breaks a traffic law and breaking the law causes injury. Examples of vehicle accident negligence per se cases include:
Drunk Driving Injuries
When a driver causes an injury while driving drunk, they are often found negligent per se within personal injury cases. Rather than the victim’s lawyer having to prove the driver should not have gotten behind the wheel after consuming alcohol, the courts generally allow the invoking of negligence per se. After an injury in Pennsylvania resulting from a drunk driving crash, you would only need to prove the extent of your injuries and evidence for your damages claim.
Truck Crashes Involving Tired Drivers
Trucking companies are often subject to negligence per se cases when they overschedule drivers, leading to a tired driver causing injuries in an accident. Because the Federal Motor Carrier Safety Administration has specific rules regarding how many continuous hours a driver can safely operate a vehicle, crashes outside of the safe schedule can result in a negligence per se case. After an injury in a truck accident involving an over-scheduled driver, you may have a case against the driver and trucking company for personal injury damages.
Building Code Violations in Slip and Fall Cases
Negligence per se can also apply in slip and fall cases when building codes that protect visitors are violated, resulting in a slip or fall-related injury. For example, an uneven stair may cause you to stumble and fall, leading to a broken bone. Your lawyer may be able to show that the builder violated building codes during the construction process, and those building codes specifically protect visitors to the property.
Call Jeffrey Penneys for All Negligence Based Personal Injury Questions
Jeffrey Penneys is Pennsylvania’s leading personal injury lawyer with decades of experience navigating and winning complex negligence per se cases. From drivers hurt in car accidents to riders injured on Philadelphia SEPTA buses and trains, any injury victim can depend on Jeffrey Penneys for first-class representation. So, for a fast response to your urgent injury inquiry based on 30 years of experience in Pennsylvania injury law, request your free, no-obligation consultation today! Call 215-771-0430!