What is a negligence per se claim?

In Texas, a negligence per se claim is a type of legal action someone can take if they have been injured due to a breach of a safety law. This means that the defendant may be liable for the damages if they violated a safety law and failed to exercise a reasonable standard of care. For instance, if a driver runs a red light and injures another person, they may be held negligent per se if they failed to obey the law. In order to make a negligence per se claim, the injured party must show that they are a “victim” of the defendant’s alleged violation of the safety law. They must also show that the injury they sustained was the direct result of the violation. Evidence of negligence per se can include witness testimony, photographic or video evidence, and police reports. In addition, the injured party must also demonstrate that the safety law was created to protect people from the kind of harm that they suffered. Negligence per se is a legal tool that can be used to hold a negligent party responsible for injuries they caused. It is important to consult an attorney to determine if a negligence per se claim is valid in any given situation.

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