What is a negligence per se claim?

A negligence per se claim is a specific type of lawsuit that is used when a person or business has violated a safety law that may have caused the plaintiff (the person filing the lawsuit) to suffer an injury. These laws are sometimes called public duty laws because they are designed to protect the public from dangerous situations. In a negligence per se claim, the jury does not have to evaluate whether or not the defendant (the person being sued) acted in a reasonable or safe manner—they simply need to determine if the violation of the law resulted in injury. In New Jersey, the law requires that a plaintiff prove that the defendant acted in a way that was not in line with the applicable safety law or regulation, and that this violation was a direct cause of the plaintiff’s harm. It is important to note that the plaintiff must prove that the violation of the law directly caused the harm in order for a negligence per se claim to be successful. In addition, the plaintiff must demonstrate that the law or regulation was intended to protect members of the public from the type of harm that was ultimately suffered by the plaintiff. This means that if the law was intended to protect the public from fires, but the plaintiff suffered a broken leg, the negligence per se claim is unlikely to be successful. Finally, it is important to note that in New Jersey, there are strict deadlines for filing a negligence per se claim, so it is important for the plaintiff to consult with a qualified attorney as soon as possible after an accident.

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What is a negligence per se claim?

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