If you have been injured as a direct result of negligence, you are entitled to take legal action to recover compensation for your damages. In most cases, to be awarded compensation, you’ll have to prove that the defendant owed you a legal duty of care. In addition, you must prove they breached that standard duty of care which resulted in your injuries. However, in some cases, the doctrine of negligence per se may be applicable. Essentially, this doctrine considers an act negligent when a law that was implemented to protect people from harm has been violated. If you have been injured as a result of another party’s negligence, contact an adept New York City Personal Injury Attorney who can help you understand the complexities of a negligence per se claim. In addition, please continue reading to learn more about this doctrine.
What is “negligence per se” in personal injury cases?
Negligence per se is when someone’s actions are negligent because they violated the law. This legal concept is only applicable under certain circumstances. For instance, negligence per se is applicable in the following scenarios:
- If a motorist operates a vehicle while they are under the influence of drugs or alcohol and strikes another vehicle which results in injury. Driving while under the influence of drugs or alcohol is illegal. The law was implemented to protect everyone on the road from harm. In this case, negligence per se is applicable because the motorist violated a law that was created to protect a certain class of people from harm.
- If a motorist is speeding and hits another vehicle. In this case, negligence per se is applicable because the motorist has violated a traffic code. Speed limits and traffic laws are enforced to protect those on the road from harm.
- If a property owner violates one of New York’s building codes which results in an occupant being harmed on the premises, negligence per se is applicable. Building codes are implemented to keep people in a protected class on-premises safe from harm.
How is it proven in court?
As mentioned above, negligence per se is not proven the same way a standard negligence claim is. To establish a negligence per se claim, you must prove the defendant violated a law. In addition, you must prove the law that they violated was created to protect a certain class of people that you belong to. Finally, you must prove that their violation of the law was the direct cause of your injuries and damages.
Unfortunately, you can sustain serious injuries at the hands of another person. If this occurs, don’t hesitate to reach out to one of our skilled and determined attorneys who can help you seek compensation for your damages. Allow our firm to help you seek the justice you deserve!