What is a “negligence per se” claim?

A “negligence per se” claim is an area of law in Louisiana that deals with product liability. This type of claim recognizes that a negligence or failure to act may be presumed if it violates an existing law or safety regulation. For example, if a defendant is found to have violated a safety regulation in the manufacturing of a product, which resulted in a personal injury, the defendant may be found negligent and liable for damages regardless of the particular circumstances of the case. Negligence per se is based on the idea that if a person violates a safety regulation, the violation is presumed to be negligent and any resulting damages should be the responsibility of the person responsible for the violation. This is important in cases where it may be difficult to prove that a defendant’s negligence contributed to an injury. Evidence of negligence per se is important in personal injury cases where a plaintiff seeks to recover damages from a defendant. In such cases, a plaintiff must prove that the defendant failed to act with reasonable care or that the defendant violated safety regulations that were in place at the time of the injury. If the plaintiff is able to prove that the defendant violated a safety regulation, the burden then shifts to the defendant to prove the safety violation did not cause the injury. Negligence per se is an important concept in product liability cases in Louisiana, as it allows victims of injuries to recover damages from defendants who have violated safety regulations.

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What is a “negligence per se” claim?

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