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Simple English definitions for legal terms
negligence per se
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A quick definition of negligence per se:
Term: Negligence per se
Definition: Negligence per se means that someone is automatically considered to have done something wrong if they break a law or rule that is meant to protect people from harm. In a court case, the only thing that needs to be proven is whether the violation caused the injury. There are some exceptions where breaking the law is excused, like if the law is unclear or if the person tried to follow it but still caused less harm by not following it. The most common example is when someone breaks a traffic law while driving.
A more thorough explanation:
Definition: Negligence per se means negligence in itself. In a torts case, if a defendant violates a statute or regulation without an excuse, they are automatically considered to have breached their duty of care and are therefore negligent as a matter of law. This means that the only thing that needs to be proven at trial is whether the violation caused the plaintiff's injury.
According to the Restatement (Third) of Torts §14, an actor is negligent per se if they violate a statute that is designed to protect against the type of accident or harm caused by their conduct, and the plaintiff is someone the statute is designed to protect. There are exceptions to this rule, as outlined in Restatement (Third) of Torts §15. These exceptions include cases where the statute is unclear, the actor exercised reasonable care in attempting to comply with the statute, or the actor's noncompliance with the statute resulted in less harm than if they had complied.
The most common application of negligence per se is in traffic violations, where a driver is automatically considered negligent for violating the traffic code. For example, if a driver runs a red light and causes an accident, they are considered negligent per se because they violated a statute designed to protect against accidents caused by running red lights.
Another example of negligence per se could be a restaurant violating health codes by not properly storing food, resulting in a customer getting sick. The restaurant would be considered negligent per se because they violated a statute designed to protect against foodborne illnesses.
Overall, negligence per se is a legal concept that holds individuals and businesses accountable for violating statutes and regulations designed to protect the public. It simplifies the legal process by automatically considering the violator negligent, making it easier for plaintiffs to prove their case in court.