What is a negligence per se claim?

A negligence per se claim is a legal claim based on a failure to obey a specific law. In Maryland, a negligence per se claim is used to determine whether or not a person is liable for damages caused by their carelessness or negligence. To prove negligence per se, the plaintiff must show that the defendant violated a law that was intended to protect persons from the harm the plaintiff suffered. For example, if a driver violates a law requiring that motor vehicles must obey speed limits, a court may find the driver negligent per se if the driver’s violation caused an injury to another person. In general, a finding of negligence per se creates a presumption of negligence that does not require the plaintiff to prove that the defendant acted carelessly or negligently.

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What is a negligence per se claim?

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