Holding People Accountable for Dangerous or Illegal Actions

Negligence per se is a legal concept that helps hold individuals accountable for their dangerous or illegal actions. While these actions may not result in immediate harm, they can lead to accidents and injuries over time. Establishing that a defendant was negligent—and therefore responsible for your damages—is crucial in personal injury cases. However, proving negligence in a court of law can be challenging. That’s why understanding what negligence per se means and how it applies to your case is essential for achieving justice.

What Is Negligence Per Se?

Negligence per se refers to actions that are inherently negligent because they violate a law or are clearly dangerous. If a defendant violates a law and that violation causes an accident, it creates a presumption of negligence, making it easier to establish their culpability. This legal doctrine simplifies the process of proving negligence in personal injury cases, but it’s important to note that defendants may still attempt to disprove these allegations.

In general, negligence means that someone acted carelessly or recklessly. Proving negligence typically requires establishing a specific set of facts, which can be complex in personal injury cases. However, if you can demonstrate that the defendant broke a law and that this violation directly caused an accident, you have a stronger case under the principle of negligence per se.

Examples of Negligence Per Se

To better understand negligence per se, let’s look at some examples commonly seen in Connecticut:

• Driving Violations: If a driver violates Connecticut’s traffic laws and causes an accident, this often constitutes negligence per se. Common violations include:
  • Speeding
  • Running red lights or stop signs
  • Failing to yield the right of way
  • Texting or using a phone while driving
  • Driving under the influence of drugs or alcohol
• Dog Bite Cases: Connecticut law requires dog owners to properly control their pets. If a dog bites someone while off-leash in an area where leash laws are in effect, the owner may be held liable under negligence per se.
• Building Code Violations: Property owners must adhere to building codes to ensure safety. If someone is injured due to a building code violation, such as a faulty staircase or poor maintenance, the property owner may be found negligent per se.

Does Proving Negligence Per Se Guarantee a Win?

While proving negligence per se strengthens your case, it doesn’t guarantee an automatic win. This legal concept shifts the burden of proof onto the defendant, which is a significant advantage. However, the defendant can still present evidence to counteract the presumption of negligence.

For instance, the defendant might argue that their violation of the law was unintentional or that they were exercising ordinary care in an emergency situation. An example of this could be a driver who runs a stop sign to avoid a collision with an out-of-control vehicle. While these defenses can complicate your case, having strong evidence and a skilled attorney can help you overcome these challenges.

How Bert McDowell Injury Law Can Help

Proving negligence per se is just one step in a personal injury case. You also need to demonstrate the extent of your damages and how they were caused by the defendant’s actions. This can include medical bills