What is a negligence per se claim?

Negligence per se is a legal claim in Kansas that can be made when a person or company is accused of failing to follow a law, leading to an accident and harm. Negligence per se is used when a court finds that the defendant acted in a careless manner and did not observe the law. This type of claim can be used when a person or company fails to adhere to safety regulations, traffic laws, or other laws that are in place to protect the public from injury. When proving negligence per se, the plaintiff must demonstrate that the defendant violated a law, ordinance, or regulation that was intended to protect the public from injury and that the violation caused an injury to the plaintiff. In some cases, a violation of a statute may be considered evidence of negligence, meaning that a plaintiff does not need to show causation between the violation and the accident. For negligence per se claims, a plaintiff is entitled to damages that come from the harm done to them as a result of the defendant’s violation. This may include medical bills, lost wages, pain and suffering, and other compensation. The court will also consider the intent of the defendant when deciding the amount of damages to award. In summary, negligence per se is a legal claim in Kansas that can be used in situations where a person or company is accused of failing to follow a law, leading to an accident and harm to the plaintiff. The plaintiff must prove that the defendant violated a law that was designed to protect the public and that the violation caused the harm. If successful, the plaintiff may be entitled to damages for the harm caused.

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