What is a negligence per se claim?

A negligence per se claim is a type of legal claim that can be raised in the state of California in the event of an accident. Negligence per se is Latin for “negligence by itself” and it is a type of claim that assigns liability on the basis of a person’s failure to obey a specific law. The law that was broken must be related to the harm caused by the accident in order for this claim to be successful. In a negligence per se claim, the court must determine that the specific law was broken, and that doing so caused the accident. In this situation, the injured party does not need to prove the other person was negligent—the violation of the law is enough to establish the injured party’s right to seek compensation. The defendant’s failure to comply with the law was the direct cause of the injury. The type of laws involved in a negligence per se claim vary depending on the type of accident. Common examples include laws that regulate the operation of motor vehicles, laws that establish building and construction requirements, and laws that dictate safety standards in the workplace. In California, negligence per se claims can be used in any type of accident, provided the person making the claim can show the other person violated a law that caused the injury. While negligence per se claims can be an effective way to seek compensation, they are not always appropriate to the situation and should only be used if liability is uncertain.

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What is a negligence per se claim?

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