Negligence Per Se
Most personal injury claims are based around the concept of negligence – a failure to meet reasonable expectations of care towards other people. However, this is not the only grounds for a legal claim. This article will discuss a kind of personal injury claim known as negligence per se. If the party that caused your injuries was also violating the law, this fact may change the nature of your case in some very important ways.
If you have been harmed by a reckless entity or individual, the Tampa personal injury attorneys of Beltz & Ruth, P.A. can provide the legal representation you need. Contact us today at 1-800-235-8978.
What Is Negligence Per Se?
Negligence per se is a kind of negligent act that violates a safety-related law or regulation. It is similar to typical negligence, but with a different standard of proof. In a typical negligence case, the question that needs to be answered is, “Did the defendant behave reasonably for the circumstances in which the accident occurred?” If so, then he or she is not responsible for the plaintiff’s injuries. If not, then the plaintiff may be entitled to compensation.
In a negligence per se case, however, the question is simply, “Did the defendant violate the law?” If so, and if this violation led to the plaintiff’s injuries, then the defendant may be ordered to pay compensation to the plaintiff. To be successful, the plaintiff will need to show that:
- There is a regulation in place to prevent certain accidents or injuries.
- This regulation applied to the defendant at the time of the accident
- The defendant violated the regulation.
- This violation directly caused the plaintiff’s injuries.
As you can see, negligence per se claims are often much more straightforward than other types of personal injury lawsuits. If you believe you may have grounds for a negligence per se claim, our experienced Tampa personal injury attorneys can help you determine what to do next.
Contact Us
The Tampa negligence lawyers of Beltz & Ruth, P.A. have been helping accident victims fight for justice for years. To discuss how we could help you, contact us at 1-800-235-8978.