What is a negligence per se claim?

Negligence per se, or negligence as a matter of law, is a legal concept that applies to civil proceedings in Massachusetts. It is a doctrine of negligence law that allows a plaintiff to prove that a defendant was negligent in causing an injury or harm without having to specifically prove the elements of negligence. Negligence per se can be established when a defendant has violated a law or regulation and their violation of the law or regulation caused an accident or injury. For instance, if a traffic law has been violated, and the violation caused an accident, the defendant can be held liable for negligence per se. In Massachusetts, there are certain elements that must be established in order for negligence per se to be successfully established. These include: the defendant had a duty to act or refrain from a certain act, the defendant violated the duty, the violation caused an injury to the plaintiff, and the plaintiff suffered damages from the injury. If a plaintiff can successfully establish the legal elements of negligence per se, then the defendant will most likely be found liable for damages, as they violated a law or regulation and their actions caused an injury. It is important to note that if any of the elements of negligence per se cannot be established, the plaintiff will not be able to hold the defendant liable for the injury.

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