What is a negligence per se claim?
A negligence per se claim is a legal claim that is based on a violation of a law, regulation, or code in Arizona. In order to make a negligence per se claim, an injured party must show that the law, regulation, or code was violated by another party, and that the violation was the cause of the injuries sustained. Negligence per se claims are a type of tort claim, which is a legal claim for damages based on a wrongful act or an injury. In Arizona, the regulations that are used in a negligence per se claim can be found in the Arizona Revised Statutes (ARS) and other state and federal laws. For example, an injured party may claim negligence per se if they can prove that the at-fault driver violated state laws regarding speed limits or other traffic laws. In addition, negligence per se claims can be based on violations of safety standards, such as the lack of safety equipment or warning signs at a construction site or other hazardous location. To prove negligence per se, the injured party must show that the negligence of the other party was the cause of the injuries sustained. In addition, the injured party must also prove that the at-fault party actually violated a law, regulation, or code, and that such violation directly caused the injuries. A negligence per se claim can be the basis for a successful personal injury lawsuit in Arizona, and an experienced personal injury attorney can help evaluate your case and advise you of your legal options.
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