When someone breaks the law and causes you harm, you may hold that party financially liable for your damages. In such a scenario, the party would be guilty of negligence per se. Please continue reading to learn the role of negligence per se in personal injury cases and how a knowledgeable New York City Personal Injury Attorney can help you fight for the compensation you deserve.
How is Negligence Proven in Personal Injury Cases?
Firstly, it’s important to understand that in a personal injury claim, negligence is a legal concept in which a person or entity fails to act with the level of care that a reasonable person would have exercised in the same situation, resulting in harm to others. When someone acts negligently and causes a preventable accident, injured parties are entitled to take legal action to seek compensation for their endured damages. Normally, a plaintiff must demonstrate certain elements of their claim:
- Duty of care: The defendant had a legal obligation to act with care to minimize harm to others.
- Breach of duty. The defendant’s actions violated their duty of care.
- Causation: The defendant’s actions or inaction caused the plaintiff’s injuries.
- Damages: The plaintiff suffered as a result of the defendant’s breach of duty.
However, in some personal injury cases, the legal doctrine of “negligence per se” applies. When a defendant’s violation of the law leads to an accident, it becomes necessary to prove the elements of duty and breach. The violation is evidence enough that the defendant was negligent because a reasonable person would not violate a safety regulation. The fact that the defendant committed the violation is sufficient in demonstrating that they were in the wrong.
When Does Negligence Per Se Apply?
The term “negligence per se” literally translates as negligence in and of itself. Essentially, this legal concept stipulates that negligence can be assumed based on the defendant violating a law or regulation that was designed to protect the victim from the harm the defendant caused. In other words, negligence per se applies when a defendant has violated a statute that was created to ensure the general public’s safety.
For example, let’s say a driver decides to operate a vehicle while under the influence of drugs or alcohol and crashes into another vehicle, injuring that driver. Negligence per se would apply because drunk driving is illegal. When a driver chooses to get behind the wheel while intoxicated, they are violating their duty of exerting reasonable care to keep the public safe. In this scenario, the injured party would have a much easier time proving that the defendant acted negligently because they violated the law.
Whether an accident involving negligence per se or ordinary negligence results in your injuries, it’s in your best interest to contact an experienced personal injury attorney who can help you fight for the justice you deserve. At Swerling Law, we are prepared to help you understand your rights. Connect with our firm today to discuss your case and options.
