Negligence Per Se is a law principle that simplifies the procedure of proving negligence in certain circumstances. Unlike traditional negligence claims, where plaintiffs must establish the defendant's obligation, breach, causation, and damages, negligence per se automatically presumes a responsibility and breach when specific legal violations occur.
In essence, negligence per se arises when a defendant violates a statute or regulation designed to protect the public, and that violation clearly causes harm to someone the law was meant to protect. This doctrine serves as a streamlined approach, allowing judges to focus on causation and damages rather than debating whether the defendant acted negligently.
One of the clearest examples of negligence per se is **driver distraction**, a behavior that has become increasingly prevalent 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 a person breaks these laws and causes an accident, they can be found automatically negligent.
### How Negligence Per Se Works
For negligence per se to be relevant, four factors must typically be met:
1. **The defendant violated a statute or regulation** – For instance, texting while driving goes against laws in most states.
2. **The law 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 crash 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 unreasonable—only that it violated the law and resulted in 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 collides with 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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