What is a negligence per se claim?

A negligence per se claim is a type of legal claim related to personal injury law in South Carolina. It is based on the concept of negligence, which is when someone fails to act with a reasonable level of care toward another person and causes an injury or other damage as a result. In a negligence per se claim, the law itself serves as a standard of care. In other words, a person is accused of violating a law, and this violation is believed to be the cause of the injury or damage. For example, if a person was injured in a car accident in South Carolina, the injured person could make a negligence per se claim if they can show that the other driver violated a traffic law. This could be speeding, running a red light, or anything else that breaks a traffic law. If the injured person can prove that the other driver violated the law, then the violation of the law itself is considered negligence, and the other driver can be held liable for the damages caused by the accident. In addition, there may be other types of negligence per se claims, such as medical malpractice or product liability claims. In these cases, the person may have to show that the other party violated a law or a professional standard of care. For example, if a doctor fails to diagnose a medical condition correctly, they may be negligent per se. If a product is sold that does not meet safety standards set by the government, the manufacturer may be liable for negligence per se. In any negligence per se case, the injured person must be able to prove that the other party violated a law or standard of care, and that this violation was the cause of the injury or damage. If a person is successful in making a negligence per se claim, they may be able to recover monetary damages for their losses.

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