What is a negligence per se claim?

A negligence per se claim is a type of civil lawsuit in which someone is alleged to have been harmed by another’s failure to act as required by a specific law or regulation. In Washington, a negligence per se claim may be brought when a party has failed to comply with a duty imposed by a statute or regulation of the state. When a negligence per se claim is brought, the plaintiff must establish that the defendant was in violation of a legal standard that was intended to protect the public against the type of injury suffered by the plaintiff. The plaintiff must also show that the defendant’s violation of the legal standard was a direct cause of the injury. In order to have a successful negligence per se claim in Washington, the plaintiff must prove that: (1) a law or regulations applies; (2) the defendant failed to act in accordance with that law or regulation; (3) the law or regulation was intended to protect people from the same type of harm that the plaintiff suffered; and (4) the violation of the law or regulation was the direct cause of the plaintiff’s injury. It is important to remember that while negligence per se claims can be used to recover damages, they do not necessarily guarantee success. As with all civil cases, the court will consider the facts of the case and evaluate the legal standard that applies to the situation before making a determination about liability and damages.

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What is a negligence per se claim?

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