What is a negligence per se claim?

Negligence per se is a legal concept in Mississippi civil procedure that recognizes when a person’s behavior has violated a statute or regulation that was designed to protect the safety of others. Negligence per se applies when a person is injured due to the violation of a law or ordinance. The plaintiff must prove that the defendant breached a specified legal duty and the breach was a direct cause of the plaintiff’s injury. For example, if an individual in Mississippi is driving 15 mph over the speed limit in a school zone, and causes an accident that injures another person, then the negligent driver can be held responsible under a negligence per se claim. The defendant has breached state law by disregarding the speed limit and this breach is considered the direct cause of the plaintiff’s injury. Negligence per se claims are beneficial because they can make it easier for an injured person to recover damages. They do not require the plaintiff to prove the defendant’s negligence, only that the defendant violated a legal duty. It is important to note however, that a negligence per se claim only applies when the law or ordinance in question was designed to protect the safety of the injured person.

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What is a negligence per se claim?

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