Negligence per se

Negligence per se is a legal doctrine that applies in tort law to establish liability for an individual who violates a statute or regulation, and by doing so, causes harm to another person. This concept simplifies the plaintiff's burden of proof by automatically establishing the defendant's breach of duty, provided certain conditions are met.

Overview

Negligence per se is derived from the Latin term per se, meaning "by itself" or "in itself". Under this doctrine, an act is considered negligent because it violates a law or statute that is designed to protect the public from harm. For a case to qualify as negligence per se, the plaintiff must demonstrate that:

1. The defendant violated a statute or regulation.
2. The statute or regulation violated was designed to prevent the type of harm the plaintiff suffered.
3. The plaintiff is a member of the class of persons the statute or regulation was designed to protect.
4. The violation of the statute or regulation was the proximate cause of the injury.

When these conditions are met, the defendant's act is automatically considered negligent, and the focus shifts to damages rather than proving the elements of negligence.

Application

The application of negligence per se varies by jurisdiction, but it is commonly used in cases involving traffic violations, building codes, and regulations meant to protect worker safety, public health, and the environment. For example, if a driver runs a red light, violating traffic laws, and injures a pedestrian, the driver may be found negligent per se.

Exceptions

There are exceptions to the application of negligence per se. For instance, if the defendant can prove that compliance with the statute was impossible under the circumstances, or that obeying the statute would have presented a greater risk of harm, the doctrine may not apply.

Criticism and Support

Critics argue that negligence per se can lead to unfair results, as it does not allow defendants to present evidence that they acted reasonably under the circumstances. Supporters, however, believe that it encourages adherence to laws and regulations designed to protect public safety and welfare.

See Also

• Tort Law
• Duty of Care
• Breach of Duty
• Causation (law)
• Damages