What is “negligence per se?”
Negligence per se is a legal concept that can be used in courts to determine if an individual was liable for an injury. In California, it is an important factor in determining if a person is responsible for a sports injury. Negligence per se occurs when an individual fails to abide by a law or safety regulation and someone gets hurt as a result. For example, if a sports facility has a rule that players must wear helmets while playing a sport and someone does not follow that rule and gets hurt, the person can be held legally responsible for the injury. The law states that because the individual failed to follow the safety regulation, they should have known that their actions could lead to an injury and thus should have taken measures to prevent it. In order for negligence per se to be legally binding, the injured party must prove that there was a law or safety regulation that was violated that caused the injury. Additionally, they must prove that all reasonable steps were taken to ensure safety and that the other party was responsible for the injury resulting from their negligence. If the injured party is able to prove their case, a court may find the other party liable for the injury and award damages to the injured party.
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