What is the legal standard for proving negligence in a catastrophic injury case?

In California, the legal standard for proving negligence in a catastrophic injury case is known as “negligence per se.” This standard requires the victim to prove that the injury was caused by the defendant’s failure to act with the same level of care that a “reasonably prudent person” would have acted with under the same or similar circumstances. To prove negligence per se in a catastrophic injury case, the victim must establish that the defendant either violated a specific law or acted in a manner that is in clear violation of accepted safety standards. It is important to note that the law or safety standards that the defendant violated must be related to the injury in some way. For example, if the defendant was driving recklessly and caused an accident that resulted in a catastrophic injury, the victim must prove that the defendant’s actions violated a traffic law. Additionally, the victim must prove that the violation of the law or safety standard was the direct cause of their injury. If the victim can prove that their injury was directly caused by the defendant’s failure to act with the same level of care that a reasonably prudent person would have acted with, they may be able to recover compensation for their injuries. This compensation can come in the form of medical costs, lost wages, and other damages.

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What is the legal standard for proving negligence in a catastrophic injury case?

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