What is a negligence per se claim?

A negligence per se claim is a type of legal claim used when a person has been injured as a result of someone else’s violation of a safety law. Negligence per se is Latin for “negligence as such” and is when a court finds that a person was obliged to act in a certain manner, and failed to do so, resulting in the injury of another person. In Montana, a negligence per se claim can be initiated in civil court by a person who has suffered an injury due to someone else’s violation of a safety law. For example, if a driver of a car does not obey the posted speed limit and someone is injured by their reckless driving, the injured party can file a negligence per se claim against the driver. Negligence per se is a branch of the tort law that states that when someone breaches a duty of care owed to another person, they can face civil liability for their actions. The injured party must be able to show that the violation caused their injury and that the law in question was designed to protect people from such harm. Negligence per se claims also apply when a defective product is released to the public in violation of a safety law. In Montana, this type of claim can be used to seek legal recourse against the manufacturer of the product. If successful, the injured party may be awarded monetary damages for their pain and suffering, loss of wages, and any other related costs.

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What is a negligence per se claim?

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