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What is negligence per se and how does it help my case?

Negligence per se is a legal doctrine that establishes a defendant's breach of duty automatically when they have violated a statute or regulation designed to protect people in your class from the type of harm you suffered. For example, if a driver runs a red light (violating traffic law) and strikes you, the violation of the traffic statute may establish negligence per se — meaning you do not need to separately prove that running a red light was unreasonable conduct. You still need to prove causation (the violation caused the accident) and damages. Negligence per se is powerful because it simplifies the breach element of your negligence claim. Common examples include DUI drivers, truckers who exceed federal hours-of-service limits, property owners who violate building codes, and manufacturers who violate safety regulations. The doctrine is recognized in most states, though the specific rules for how it applies vary by jurisdiction.

For informational purposes only. Not legal advice. Consult a licensed attorney.

Related Topics

negligence per sestatute violation personal injuryper se negligencetraffic violation injury claim

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