What is a negligence per se claim?

A negligence per se claim is a type of legal claim that may be brought forward when someone is injured due to the negligent actions of another party. This type of claim is based on existing laws or regulations that have been put in place to protect individuals from potential hazards or negligence. In Delaware, negligence per se claims can be brought forward when the evidence shows that an individual or organization violated a law or regulation, and the violation caused an injury. For example, if a driver violates a speed limit law and causes an accident in which someone is injured, the injured party may be able to pursue a negligence per se claim against the at-fault driver. Similarly, if a building owner fails to maintain a property in accordance with local safety regulations and someone is injured due to their negligence, the injured party may be able to pursue a negligence per se claim against the property owner. In order to have a successful negligence per se claim, the plaintiff must prove that the defendant violated a law or regulation, and the violation caused the injury. It is also important to note that in Delaware, the plaintiff cannot recover damages if their own negligence contributed to the accident or injury. If the defendant is found to be negligent and liable for the accident, the plaintiff may be able to recover compensatory damages for medical expenses, lost wages, and pain and suffering.

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What is a negligence per se claim?

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