What is a negligence per se claim?

A negligence per se claim occurs when a person is injured because another person failed to follow a law that was meant to protect people from being injured. In Delaware, negligence per se claims are recognized and may be used to help prove negligence. When someone is injured as a result of another’s failure to comply with a law, the injured person may bring a negligence per se claim. To prevail on a negligence per se claim, the injured person must show that the other person failed to comply with the applicable law, that the law was designed to protect people from being injured, and that the injury was a foreseeable result of not following the law. For example, if a person fails to obey the speed limit and crashes into another person, that person may be liable for the resulting injuries. In this case, the person would be liable under negligence per se because they failed to comply with a law that was designed to protect people from being injured (in this case, the speed limit). In Delaware, when a person succeeds in proving a negligence per se claim, they may be awarded damages for their injuries and other losses. The damages may include the costs of medical care, loss of income, and pain and suffering.

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