In contrast to res ipsa loquitur, when dealing with “negligence per se”, you must demonstrate that the defendant’s actions violated the law, you were a member or class of person the law was intending to protect and you suffered damages the law was trying to prevent. On this blog, I share my experiences, provide you with golden nuggets of information about business, law, marketing and technology. To prove “negligence”, you must demonstrate four basic elements: On the flip side, to prove negligence per se, you must prove four elements (but slightly different than for ordinary negligence): Res ipsa loquitur is a legal theory or doctrine in personal injury cases allowing a plaintiff to prove the defendant’s negligence using circumstantial evidence instead of the violation of the law. Helen buys the toaster and due to a product defect, the toaster catches fire injuring Helen. Based on the res ipsa loquitur doctrine, a judge can infer that a defendant was negligent if the facts show that there was an accident and the defendant’s conduct represented the only logical explanation. In the car accident context, negligence per se would involve such offenses as driving under the influence, reckless driving, running a traffic light or stop sign, or speeding. Example of Per Se Negligence. The construction of a property, house, building or other structures is typically governed by building codes imposing legal obligations on the contractors to ensure the property is safe for its occupants. Here is a negligence per se example: Company ABC makes consumer-grade toasters. Examples of Negligence Per Se. Kevin, David v. Peter. The bar could be liable for negligence per se, given that serving alcohol to a minor is illegal, and this kind of accident is an accident that the law was designed to avoid. In some jurisdictions, negligence per se creates merely a rebuttable presumption of negligence. Negligence Per Se – An Example For example, let’s assume that a bar serves a minor too much alcohol, and the minor gets in a car, and injures someone else. Violation of a Vehicle Code section meeting the elements of negligence per se becomes conclusive evidence of duty and breach unless rebutted. Some common examples of laws that, if violated, can result in a negligence per se claim are speed limits, building codes, and blood alcohol content limits for drivers. The end result for both a negligence claim and a negligence per se claim is for the plaintiff to get compensation for injuries suffered to the actions of the defendant. The negligence per se theory follows the strict liability legal theory whereby a person is held liable for the consequences of certain actions, activity or conduct even in the absence of a provable fault. The negligence per se doctrine makes it easier for a plaintiff to get compensation. In a car accident case, for example, that means you don't need to show how the other driver fell short of the appropriate duty of care when you're arguing that negligence per se should apply. It may be suggested that the confusion found in the Virginia cases is due, in part, to (1) the court's traditional technique in considering legal cause (i.e., "proxi- mate cause") as a part of the concept of negligence… An example would be the DUI laws in Texas. It’s important to note that negligence per se can be used against you as the plaintiff as well. Negligence Per Se. When dealing with negligence per se, you no longer need to prove that the defendant’s conduct fell short of the applicable standard of care. Examples of Negligence Per Se. Negligence per se involves the commission of a negligent act that violates the law. In contrast with ordinary negligence, the plaintiff must prove the following elements: What is the difference between negligence and negligence per se? This differs from ordinary negligence, which consists of actions contrary to those of a reasonable person. If you believe you were injured as a result of someone else's violation of the law, your best next step might be to contact an experienced personal injury attorney to discuss your case and your best strategy for getting a positive result. The class of people the laws are designed to protect is more often than not the public at large. Trevor is a construction contractor in charge of building a house in the country. They are designed to prevent bodily injury or some other type of harm, and that intent is usually stated within the text of the law itself. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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