What is a negligence per se claim?

A negligence per se claim is a type of civil lawsuit in Michigan that is brought when a plaintiff has suffered an injury due to someone’s breach of a safety law or regulation. This type of claim is based on the legal principle that a person who violates a law or safety regulation meant to protect others from harm should be held responsible when someone is injured because of that violation. To win a negligence per se claim in Michigan, a plaintiff must prove that: 1) There was a safety law or regulation in place; 2) The defendant violated that law or regulation; and 3) That violation caused a direct injury to the plaintiff. The plaintiff must also prove that the law or regulation was meant to protect a group of people that the plaintiff belongs to, and that the violation was the direct cause of the plaintiff’s injury. Under Michigan negligence per se law, the injured person does not need to prove that the defendant was at fault in order to be successful in a negligence per se claim. This is because Michigan law considers the violation of a safety law or regulation to be negligence, and the burden of proof is on the defendant to prove why they should not be held responsible for the injury.

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What is a negligence per se claim?

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