Regarding the law, negligence is defined as the failure to act reasonably or carelessly that directly results in some form of damage to another person. However, regarding the law, there is another legal concept known as “negligence per se.” This doctrine is essentially when someone acts negligently and while doing so violates a statute. There is a significant difference between negligence per se claims and standard negligence claims in terms of how they are proven. Negligence per se claims can be quite complex. If you believe you have a “negligence per se” claim, contact a trusted New York City Personal Injury Attorney who can help you seek monetary compensation for your devastating economic and noneconomic damages. In addition, please continue reading to learn about “negligence per se,” as this doctrine can create an easier path for victims to recover damages.
What is “negligence per se?”
In New York, “negligence per se” essentially refers to when someone acts negligently and in doing so has violated a statute that has been implemented to keep the public safe. A person may be presumed negligent per se if they violate a statute that results in them directly injuring another person. For instance, if a motorist runs a red light and it causes them to collide with another vehicle, resulting in injury to another person. With a negligence per se claim victims do not need to prove that the negligent party owed them a duty of care and breached that legal duty of care which resulted in their injuries. The duty of care has already been established. By violating the statute, they are assumed to be negligent.
How can I prove this legal concept?
As mentioned above, proving a negligence per se claim is different from proving a standard negligence claim in a personal injury case. Victims are required to prove that a negligent party has violated a statute. In addition, they must prove that the statute was implemented with the intent to prevent injuries and accidents. Finally, they must prove that they belong to a certain class of people that the statute intended to protect. An experienced New York City personal injury attorney can help victims prove the violation of the law, the intent of the law, and the fact that they belonged to a protected class.
In the unfortunate event that you or a loved one has been injured by a negligent party that has violated a statute, please don’t hesitate to get in touch with one of our skilled and determined team members. Our firm is committed to helping our clients prove that the defendant has violated a statute that directly resulted in your injuries. Allow our firm to represent your interests in court today!
