What is a negligence per se claim?

A negligence per se claim is a legal claim of negligence based on an individual or business violating a state or federal safety law. Such a claim is especially relevant in the state of Virginia, and is based on the fact that when an individual or business violates a law, it is assumed that they are negligent. For a negligence per se claim to succeed in the state of Virginia, the plaintiff must show that a safety law was violated, that the plaintiff was somehow injured as a result, and the plaintiff should also prove the elements of negligence. The elements of negligence involve proving that the defendant owed the plaintiff a duty of care, that there was a breach in that duty, and that the breach of duty caused the plaintiff to suffer damages. To prove negligence per se, the plaintiff must first establish that some form of safety law was broken. This can include state and federal laws, regulations, and even ordinances, depending on the circumstances of the case. Additionally, the plaintiff must also show that they were injured due to the violation of the law, and that it was the defendant’s duty to take the necessary steps to avoid such a violation. In sum, a negligence per se claim is a legal theory which allows plaintiffs to sue a party for negligence as a result of their violation of a state or federal law. In Virginia, plaintiffs must show that a safety law was violated, that they were injured as a result, and that the elements of negligence were met.

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What is a negligence per se claim?

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