Negligence Per Se is a law principle that simplifies the process of proving negligence in certain circumstances. Unlike general negligence claims, where individuals must establish the defendant's obligation, breach, causation, and damages, negligence per se instantly presumes a duty and breach when specific legal violations occur.
In summary, negligence per se arises when a defendant violates a law or regulation designed to protect the public, and that violation directly causes harm to a person the law was meant to protect. This legal principle serves as a streamlined approach, allowing judges to focus on causation and damages rather than debating whether the defendant acted negligently.
One of the most common examples of negligence per se is **distracted driving**, a behavior that has grown more common with the rise of smartphones and other distractions behind the wheel. Distracted driving laws, such as prohibitions against texting while driving, are designed to safeguard everyone on the road from preventable accidents. When someone breaks these laws and causes an accident, they can be found negligent per se.
### How Negligence Per Se Works
For negligence per se to apply, four factors must typically be met:
1. **The defendant violated a law or regulation** – For instance, texting while driving violates laws in most states.
2. **The statute was enacted to prevent the type of harm that occurred** – Texting bans aim to reduce car accidents caused by driver inattention.
3. **The plaintiff was among the group of people the law was designed to protect** – Road users, including motorists, passengers, cyclists, and pedestrians, are intended beneficiaries of distracted driving laws.
4. **The statutory violation caused the plaintiff’s injury** – A direct connection must exist between the violation and the harm, such as a collision caused by a driver who was texting.
When these criteria are met, the court presumes the defendant was negligent. This means the plaintiff doesn’t need to prove the defendant's behavior was unreasonable—only that it broke a statute and caused harm.
### Distracted Driving as a Case Study
Imagine this scenario: A driver glances at their phone to read a text message, runs a red light, and crashes into another vehicle. The driver violated a traffic law designed to prevent accidents, and their behavior clearly caused harm. Under negligence per se, the injured party can argue that the statutory violation is enough to establish the driver’s negligence.
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