What Is Negligence Per Se?
Negligence Per Se is a legal doctrine that may establish a defendant’s breach of duty when the defendant violates a safety law designed to protect people like the injured person. The injured person must still connect the violation to the injury and prove damages. The doctrine does not automatically establish every part of a claim.
Quick Facts About Negligence Per Se
Category
Negligence doctrine
Used for
Proving breach of duty
Common confusion
It does not prove the entire claim
Also called
Negligence as a Matter of Law
Often discussed with
Workplace Injury Claims
Key Takeaways About Negligence Per Se
- A safety-law violation may establish breach of duty.
- Causation and damages still require proof.
- Negligence per se is not automatic liability.
How Negligence Per Se Works
Negligence Per Se connects a safety-law violation to the breach element of a negligence claim. The rule must protect a group that includes the injured person, and the injury must relate to the danger the rule addresses. A court may then treat the violation as evidence that the defendant failed to use required care.
Related glossary terms: Duty of Care, Comparative Negligence, Premises Liability.
Workplace injury claims still require proof of other issues. The injured person must show that the violation contributed to the harm and must document the resulting damages. Duty of care describes the broader obligation to act reasonably, while negligence per se focuses on a particular legal violation. A court may also consider whether the defendant had a valid excuse for the violation.
From the Atlanta Auto Law team
When we review a workplace injury claim, we identify the safety rule that may apply and compare its purpose with the worker’s injury. We also examine causation, available records, and damage evidence because a rule violation alone does not resolve the entire claim.
Negligence Per Se in Practice: A Real-World Example
A warehouse worker suffers an injury after an employer ignores a safety rule designed to prevent that type of hazard. The violation may support negligence per se if the worker belongs to the protected group and the violation contributed to the injury.
Related Services
Related Terms
Duty of Care
Duty of Care is a legal responsibility to act with reasonable caution toward people who could…
Comparative Negligence
Comparative Negligence is a legal rule that assigns each party a share of responsibility for an…
Premises Liability
Premises Liability is a legal concept that may hold a property owner or occupier responsible when…
Res Ipsa Loquitur
Res Ipsa Loquitur is a legal doctrine that allows negligence to be inferred from the nature…
Atlanta Auto Law
Have Questions About Negligence Per Se?
Contact Atlanta Auto Law for practical guidance on Negligence Per Se and related personal injury lawer acs work in Decatur.