What is a “negligence per se” claim?

In California, a “negligence per se” claim is a type of claim used in a legal case related to a product liability law. A negligence per se claim is commonly used when a person is injured due to the violation of a safety law or regulation. For example, if a person is injured because a product was designed or manufactured without proper safety standards, a negligence per se claim may be applicable. In this case, the injured party must establish four elements in order to be successful with a negligence per se claim. First, they must show that a safety regulation or law was violated. Second, they must show that the violation of the regulation or law was the cause of their injury. Third, they must show the violation of this regulation or law was done by a person who intended to injure the plaintiff or who should have reasonably known the violation would cause an injury. Finally, they must show that the plaintiff was within the scope of protection afforded by the regulation. If these elements have been established, a negligence per se claim can be successful. This type of claim is used in product liability law to ensure people are not injured due to the negligence of another individual or business.

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What is a “negligence per se” claim?

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