What is a negligence per se claim?

A negligence per se claim in Minnesota is a legal argument that holds someone liable for an accident if they violated a specific safety law. Negligence per se is a Latin phrase which means “negligence as such”. This type of claim is used in cases when an injury or property damage resulted from a person not following a safety law, regardless of what their actual intent was. In Minnesota, violation of a safety law is assumed to be a form of negligence. This means that the injured party does not have to prove that the other person acted in a negligent manner- they only have to prove that the safety law was violated and that this violation caused their injury. It also means that the injured party does not have to prove that they were particularly careful in order to win their case. For example, if someone is injured in a car accident and the other driver was not following the speed limit, the injured person does not have to prove that they were driving carefully in order to win the case. Instead, all they have to do is show that the other driver was violating the speed limit and that this violation caused their injury. Negligence per se claims are an important tool in accident law in Minnesota because they make it easier for the injured party to receive compensation for their injuries. By removing the burden of proving that the other party was negligent, these claims make it easier for the injured person to get the justice they deserve.

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What is a negligence per se claim?

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