What is a negligence per se claim?

A negligence per se claim is a type of civil lawsuit based on a law violation in Indiana. It is a form of negligence, which is when a person is careless and fails to take reasonable precautions that could have prevented harm to another person or property. In a negligence per se claim, the plaintiff, or party bringing the legal action, must prove that the defendant, or party being sued, violated a law that was intended to protect the plaintiff from the type of harm they suffered. The plaintiff must then show that the violation of the law was the cause of their harm. For instance, if a driver violates a speed limit and causes an accident that injures someone, the injured person can file a negligence per se claim against the driver. They would have to demonstrate that the driver was speeding and that the speeding was the cause of their injury. Negligence per se claims are common in cases involving medical malpractice, product liability, and car and truck accidents, and can make it easier for a plaintiff to prove negligence by relying on laws rather than arguing that a defendant was unreasonably careless. In Indiana, the standard for negligence per se is higher than ordinary negligence, as it must be proven that the law violation was the exact cause of the injury.

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