What does negligence per se refer to?

Negligence per se refers to a legal doctrine that establishes a party’s negligence due to their violation of a statute or regulation. In this context, when an individual or entity breaches a law designed to protect public safety, that violation is automatically considered negligent. In other words, negligence per se indicates that the act of breaking the law itself constitutes a breach of the duty of care required in various situations.

The rationale behind this doctrine is that the law is put in place to prevent harm, and failing to comply with it can directly result in injury to others. Thus, when an individual is found to have violated such a law, it is inherently assumed that they have acted negligently, and this assumption can lead to liability without the need to prove traditional elements of negligence, such as the standard of care, breach, or causation.

Understanding negligence per se is crucial in legal and insurance contexts, as it simplifies the process of determining negligence in cases where a law is violated, thereby providing a clearer path for plaintiffs seeking damages.