We all have a duty to act with reasonable care to avoid harming others. When we don’t, and someone gets hurt as a result, that’s negligence.
But what happens when someone violates a law or regulation, and that violation causes harm? That’s where per se negligence comes in. It’s a specific kind of negligence that, in some situations, can make proving your case a little easier.
This article will explain per se negligence, discuss what elements you need to prove it, and explore what it all means for you if you’ve been injured.
Understanding Basic Negligence
Before we can get into negligence per se, it’s important to understand what the term “negligence” means in a legal context.
In general, negligence refers to the failure to act with the level of care that a reasonably prudent person would have exercised under the same circumstances. It’s a broad concept that covers many types of unintentional harm that one person inflicts on another.
If you’re a plaintiff bringing a negligence case, you have to prove several things in court.
- Duty of care. You have to show that the defendant had a legal duty to act reasonably toward you.
- Breach of duty. You have to show that the defendant didn’t act reasonably.
- Causation. You have to show that the defendant’s unreasonable actions caused your injury. This has to include both “but-for” causation (your injury wouldn’t have happened if the defendant had acted reasonably) and foreseeability (a reasonable person would have foreseen that their actions could cause your injury).
- Damages. You have to show that you suffered real damages as a result of your injury.
What is Negligence Per Se?
Negligence per se comes into play when someone violates a law or regulation meant to protect a specific group of people, and that violation causes harm. Think of it this way: in a typical negligence case, you have to prove that someone didn’t act reasonably. But with negligence per se, the violation itself proves they were negligent.
For negligence per se to apply, the law or regulation has to clearly spell out exactly what someone should do (or not do).
A classic example? Speeding. If you’re speeding and cause an accident, that speeding can be considered negligence per se.
What do you need to prove to establish negligence per se?
To successfully argue negligence per se, you generally need to prove these things:
- There’s a law or regulation establishing a standard of care. The duty has to be crystal clear and applicable to the circumstances.
- The law or regulation protects a specific group of people. The injured person has to be part of the group the law was designed to protect.
- The defendant violated the law or regulation. This has to be proven, usually with evidence.
- The plaintiff was hurt in a way the law or regulation was meant to prevent. The injury has to be directly related to the violation.
For example, the Missouri Supreme Court case King v. Morgan (87 S.W.3d 262 (Mo. banc 2002)) illustrates these principles in a negligence per se claim.
Proving Negligence Per Se
When you successfully argue negligence per se, you’ve automatically established that the defendant owed you a duty of care and that they breached that duty. This makes your case easier, but it doesn’t mean you automatically win.
You still have to prove that the defendant’s violation of the law caused your injuries and that you suffered actual damages. In other words, you need to show a direct connection between what the defendant did and the harm you suffered.
And even if you do prove negligence per se, the defendant can still try to argue other defenses to avoid liability.
Defenses to Negligence Per Se
Even if someone violates a law and causes an accident, they might still have a defense against a negligence per se claim. Here are a few common defenses:
- Impossibility: The defendant couldn’t have followed the law, no matter what. Maybe there was a sudden emergency, or some other unforeseen event.
- Invalid Law: The defendant argues the law itself is unconstitutional or otherwise invalid.
- Comparative Negligence: The plaintiff was also negligent and contributed to their own injuries. In other words, they weren’t paying attention either.
Final Thoughts
Negligence per se offers a more direct way to prove negligence in specific cases. By showing someone violated a law or regulation, you can establish that they had a duty of care and breached that duty.
However, it’s important to remember that proving negligence per se is only part of what’s required to win a negligence case. You still have to show that the violation caused your injuries and that you suffered damages. Also, the defendant may have a valid legal defense.
If you think you might have a negligence per se claim, it’s a good idea to talk to an attorney about your options.