Are Negligence And Negligence Per Se Two Different Things?

Someone is liable for an accident due to their own negligence or, in turn, negligence per se. Even though these two concepts are quite similar, there are several differences that set them apart.

Read on as the California personal injury attorneys at Maire & Deedon explain more on this subject.

What Is Negligence?

The definition of “negligence” is “a failure to behave with the level of care that a reasonable person would normally exercise if they were in the same circumstances.”

Just as an example, if a driver is driving very quickly at night during a rainstorm and hits a pedestrian while doing so, then it is likely that they would be considered to have committed an act of negligence.

No matter the negligence claim that is brought forth, within a personal injury lawsuit, there are three basic conditions that must be present:

• The individual accused of negligence was legally obligated to act in a reasonable manner.
• The individual accused of negligence failed to act in a reasonable manner.
• The individual accused of negligence injured someone due to their failure to act in a reasonable manner.

If these conditions are present, obtaining compensation for an injury due to an alleged act of negligence becomes significantly easier.

What Is Negligence Per Se?

The definition of “negligence per se” is “negligence in itself.” And what this refers to is a situation in which a person violates a law or statute and, in doing so, violates their legal obligation to act reasonably.

If a person accused of negligence is found guilty of violating a law or statute – the speed limit, for example – then, if this violation led to an injury, they are automatically considered negligent.

Due to negligence per se, someone who is found negligent will likely have to pay damages to the person they injured. This is true even if the person who was injured is, on some level, responsible for their injury.

No matter the negligence per se claim that is brought forth, within a personal injury lawsuit, there are three basic conditions that must be present:

• The individual accused of negligence per se broke a statute or law.
• The act of violating this statute/law led to a specific injury.
• The person who was injured is someone whom the statute/law was meant to protect.

If these conditions are present, then obtaining compensation for an injury is even easier than obtaining compensation for an injury caused by standard negligence.

Are Negligence And Negligence Per Se Two Different Things?

The answer to the question above is “Yes.”

Suppose an injured person and their lawyer want to prove that their injury was caused by the negligent actions of a particular individual. In that case, they must prove that the negligent person was, in fact, negligent.

If an injured person and their lawyer want to prove that their injury was caused by negligence per se, then they must prove that the negligent person violated a law or statute that led to the injury.

Every single one of these differences must be kept in mind when developing a personal injury case.

Speak With A Northern California Personal Injury Lawyer

If you were the victim of negligent actions, then you can and should obtain compensation for the injuries that this negligence led to.

Speak with a Northern California personal injury lawyer at Maire & Deedon today, and we will assist you in obtaining the compensation you are entitled to.