What is a negligence per se claim?

Negligence per se is a legal theory used in civil court that states when a person or business has violated a law, the violation will be seen as negligence. This is particularly true when the law was created to prevent a certain kind of harm. In Kansas, negligence per se claims are based on violations of a statute or ordinance. To succeed in a negligence per se claim, an injured person must show (1) that the person or business responsible violated a law, (2) that the violation caused the harm suffered, and (3) that the law was created to prevent the harm that occurred. For example, let’s say a business in Kansas is responsible for damaging another person’s property due to negligence. If it can be proven that the business violated a law or ordinance that was created to protect people’s property from being damaged, a court will likely find the business responsible for the damage because it was negligent per se. Keep in mind, however, in some situations a court may decide that even though a law was violated, the plaintiff still has to prove that the violation was the actual cause of the harm suffered. A court may also decide that the law was not meant to protect against the harm suffered in a certain situation. For this reason, it is important to speak with an experienced attorney if you have been injured due to someone else’s negligence and believe they violated a law or ordinance. An attorney can better assess your situation and help you understand if a negligence per se claim is appropriate.

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What is a negligence per se claim?

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