What is a negligence per se claim?

A negligence per se claim is a type of civil claim that is based on the idea of a person or entity violating a law or regulation that is intended to protect the health, safety, or welfare of the public. In Idaho, negligence per se is based on a concept known as “strict liability,” which means that if someone violates a law or regulation, they can be held liable for any harm that resulted from their actions, even if they did not intend to cause harm. When a negligence per se claim is filed in Idaho, the plaintiff must first prove that the defendant violated a law or regulation. This must be done by providing evidence that an actual, applicable law or regulation was broken, and that it was intended to protect health, safety, or welfare of the public. The plaintiff must also prove that the violation of the law or regulation caused an injury to them. Finally, the plaintiff must prove that the injury caused by the violation of the law or regulation was foreseeable or was a foreseeable consequence of the defendant’s actions. If all of these elements are proven by the plaintiff, the court will find the defendant “negligent per se,” meaning that they are liable for any damages that resulted from their violation of the applicable law or regulation. In Idaho, the court may award damages to the plaintiff for any physical, emotional, and/or financial harm caused by the defendant’s negligence per se.

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What is a negligence per se claim?

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