What is a negligence per se claim?
Negligence per se is a type of claim in Oklahoma accident law. It is based on the principle that an individual who fails to act according to a law or regulation that is intended to protect someone from harm is considered to be behaving negligently. In other words, if someone fails to do something that the law or regulation required them to do, and someone is injured as a result, the injured person can pursue a negligence per se claim against them. In Oklahoma, these laws and regulations can be state laws or federal laws. For example, some laws require people to obey traffic regulations. If someone disobeys a traffic regulation and causes an accident, the injured party can bring a negligence per se claim against them. Negligence per se claims are commonly brought in cases involving personal injury. For example, if a doctor does not follow proper medical protocol while treating a patient, and the patient is injured as a result, the patient can bring a negligence per se claim against the doctor. In addition to holding the negligent party liable, negligence per se claims can also be used to prove that the negligent party was responsible for the harm caused. A negligence per se claim requires the injured party to provide evidence that the negligent party violated a law or regulation which was intended to protect them from harm. This can help provide evidence of negligence when it is hard to determine who is at fault.
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