Negligence Per Se is a law principle that simplifies the process of proving negligence in specific circumstances. Unlike general negligence claims, where individuals must establish the defendant's obligation, breach, causation, and damages, negligence per se automatically presumes a responsibility and breach when particular legal violations occur.
In essence, negligence per se applies when a defendant violates a law or regulation designed to ensure public safety, and that violation clearly causes harm to a person the law was intended to protect. This legal principle serves as a shortcut, 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 become increasingly prevalent with the rise of mobile devices 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 avoidable 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 elements 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 are intended 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 drivers, passengers, cyclists, and pedestrians, are intended beneficiaries of distracted driving laws.
4. **The statutory violation caused the plaintiff’s injury** – A clear connection must exist between the violation and the harm, such as a crash 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 careless—only that it broke a statute and caused harm.
### Distracted Driving as a Case Study
Consider this scenario: A driver checks 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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