What is a negligence per se claim?

In Hawaii, negligence per se is a legal claim based on the violation of a law or established safety regulation. These claims are brought when an individual is injured due to another party’s failure to follow the law or safety regulations. Negligence per se is a type of negligence claim and may be used to establish liability for an accident or injury in a court of law. In order to establish a negligence per se claim, it must be established that the defendant acted negligent by failing to comply with the law or safety regulation. The claimant must also prove that the violation of the law or regulation was the cause of their injury. The legal standard for proving negligence per se is different from proving a normal negligence claim. In Hawaii, negligence per se claims can be used when an individual is injured due to the violation of local, state, or federal laws, ordinances, regulations, or other safety standards that are designed to protect people from harm. Examples of negligence per se claims include failing to yield the right of way, failing to obey speed limits, or failing to obey other traffic laws. Negligence per se claims are useful in situations where the accused is able to argue that another party was partly or fully responsible for the accident. The claimant is able to establish negligence without needing to prove that the defendant acted in a negligent manner. This can be important in complex cases involving multiple parties or in situations where the defendant was unaware of the risk of an accident.

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What is a negligence per se claim?

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