What is a negligence per se claim?

Negligence per se is a legal term that applies when someone has violated a law or statute. This violation is considered to be negligence because breaking the law is considered to be acting in a careless manner. In Florida, negligence per se may be used as a basis to bring a civil suit. The injured party must show that there was a law in place that was violated and that the violation was the cause of the injuries. Additionally, the injured party must prove that the defendant’s behavior was unreasonable. In certain cases, the burden of proof may be shifted from the injured party to the defendant. This happens when the defendant’s actions are deemed so reckless or outrageous that they are automatically considered negligent. This is known as res ipsa loquitur, or the “thing speaks for itself.” Negligence per se claims are useful in court because they can be used to establish a breach of standard duty of care and thereby prove negligence. This type of claim also makes it easier to establish causation since a violation of the law is almost always a violation of the standard of care.

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What is a negligence per se claim?

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