Negligence per se is a law principle that streamlines the procedure of proving negligence in certain circumstances. Unlike general negligence claims, where plaintiffs must establish the defendant's obligation, breach, causation, and damages, negligence per se instantly presumes a duty and breach when particular legal violations occur.
In essence, negligence per se applies when a defendant breaks a statute or regulation designed to protect the public, and that violation clearly causes harm to a person the law was intended to protect. This doctrine serves as a shortcut, allowing judges to focus on causation and damages rather than debating whether the defendant was at fault.
One of the clearest 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 be relevant, four factors must generally be met:
1. **The defendant broke 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 clear connection must be established between the violation and the harm, such as a collision caused by a driver who was texting.
When these criteria are met, the legal system presumes the defendant was negligent. This means the plaintiff doesn’t need to establish the defendant's behavior was careless—only that it violated the law and caused harm.
### Distracted Driving as a Case Study
Imagine this scenario: A driver checks their phone to read a text message, runs a red light, and crashes into another vehicle. The driver broke 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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