Negligence Per Se
Negligence per se is a term used to describe acts that violate a legal stature or regulation. Because the law defines prudent behavior, actions in conflict with the law are considered to be negligent. When you choose to drive above the posted, legal speed limit, you are committing an act of negligence per se. If a contracting company fails to construct a building according to safety standards, then it has committed an act of negligence per se, as well.
Common Acts of Negligence Per Se
There are certain situations in which negligence per se comes into play quite frequently. Many auto accidents, for example, are the result of traffic violations, which are considered to be acts of negligence per se. Dog bites can also be cited as negligence per se violations when the owner fails to adhere to animal control laws.
Medical malpractice, however, is not considered to be an act of negligence per se. Because medical license laws do not protect patients from malpractice, mistreated patients cannot make negligence per se claims against their doctors.
Elements of a Negligence Per Se Claim
In order for you to make a successful negligence per se claim, you must prove that the following factors are all present:
- Proof that the offender violated the law
- The violated law was one set in place to protect people from suffering the type of injury you suffered
- You are a member of the class of people protected by the law
If you prove to the court that all three of these elements were present in your case, your claim will be approved.
Contact Us
If you would like to learn more about negligence per se, then the Austin personal injury lawyers at The Law Offices of Vic Feazell, P.C. can help. Contact them today at 877-948-4842 to discuss any questions and concerns you may have.
