What Is Negligence Per Se?
Negligence Per Se is a legal doctrine that may establish a breach of the duty of care when a person violates a law designed to protect a class of people from a specific type of harm. The injured person must still connect the violation to the injury and prove legally recognized damages.
Quick Facts About Negligence Per Se
Category
Liability doctrine
Used for
Evaluating statutory safety violations
Common confusion
A violation does not automatically prove every element of a claim
Also called
Negligence as a Matter of Law
Often discussed with
DUI Accident Lawyer
Key Takeaways About Negligence Per Se
- The doctrine focuses on a protective law and the harm it addresses.
- A violation alone does not prove causation or damages.
- Negligence Per Se is not automatic liability in every case.
How Negligence Per Se Works
Negligence Per Se applies when a person violates a safety law that protects people from the kind of harm involved in the claim. The analysis considers whether the injured person belongs to the protected group and whether the violation caused the injury. A court may treat the violation as evidence of a breach of the duty of care.
Related glossary terms: Negligence, Causation, Proximate Cause.
The doctrine does not resolve every part of a personal injury case. Causation still requires a connection between the unlawful conduct and the injury. The injured person must also establish damages, and the opposing party may challenge whether the law applies to the conduct or the circumstances.
From the Atlanta Auto Law team
When we review a DUI accident claim, we examine the cited statute, the available records, and the facts surrounding the collision. We then assess whether the alleged violation protects people from the type of harm involved and whether the evidence connects that conduct to the client’s injuries.
Negligence Per Se in Practice: A Real-World Example
A driver operates a vehicle while violating a law intended to prevent impaired driving, then strikes another vehicle and injures its occupants. Negligence Per Se may support the breach element if the violation caused the collision, while the injured occupants still must prove their injuries and damages.
Related Services
Related Terms
Negligence
Negligence is a failure to use the level of care that a reasonably careful person would…
Causation
Causation is the connection between an act or event and the harm that follows. In a…
Proximate Cause
Proximate cause is the legally sufficient connection between conduct and an injury. The connection exists when…
Comparative Negligence
Comparative negligence is a legal rule that assigns each party a share of responsibility for an…
Atlanta Auto Law
Have Questions About Negligence Per Se?
Contact Atlanta Auto Law for practical guidance on Negligence Per Se and related personal injury attorney work in Decatur.