Bert McDowell Injury Law | Call us today at 475-231-3274
What is Negligence Per Se?
Negligence per se is a legal concept that helps hold people accountable for their dangerous or illegal actions. These actions, while they may not cause immediate harm, can lead to accidents or injuries over time. In personal injury cases, proving that a defendant was negligent is crucial to obtaining compensation for your damages. Understanding negligence per se can make it easier to establish the at-fault party’s responsibility under certain circumstances. Let’s break it down to help you get the best chance at justice for your case.
How Does Negligence Per Se Work?
Under the concept of negligence per se, actions that are illegal or clearly dangerous are automatically considered negligent. This legal theory makes it easier to argue your case, as it shifts the focus to whether the defendant violated a law or regulation that was designed to protect people from harm. However, the defendant may still attempt to rebut the claim of negligence per se, which is why having a skilled attorney on your side is essential.
In general, negligence means that someone acted carelessly or recklessly. Proving negligence typically requires establishing a specific set of facts, which can be challenging in personal injury cases. However, if you can show that the defendant violated a law or regulation, and that violation directly caused your injuries, it becomes significantly easier to prove negligence per se.
Examples of Negligence Per Se
To better understand negligence per se, let’s look at some common examples:
Car Accidents: Violations of Connecticut’s traffic laws can be used to establish negligence per se. These violations may include:
Speeding
Running red lights or stop signs
Failing to yield the right of way (to pedestrians or other vehicles)
Texting or using a phone while driving
Driving under the influence of drugs or alcohol
Dog Bites: A dog owner may be held liable under negligence per se if their dog bites someone while the dog was not properly restrained, especially if local leash laws were violated.
Premises Liability: If a property owner violates building safety codes or fails to comply with fire safety regulations, and someone gets injured as a result, this could fall under negligence per se.
Does Proving Negligence Per Se Guarantee a Win?
While proving negligence per se shifts the burden of proof to the defendant, it doesn’t guarantee an automatic win. Negligence per se creates a presumption of negligence, but the defendant can present evidence to counter that presumption. For example, the defendant might argue that their violation of the law was unintentional or that they were exercising reasonable care under the circumstances. Emergency situations, such as swerving to avoid hitting another car or yielding to an ambulance, could provide valid defenses.
Even after establishing negligence per se, you will still need to demonstrate the extent of your damages. That’s why it’s important to work with an experienced personal injury attorney who can build a strong case on your behalf.
How Bert McDowell Injury Law Can Help
At Bert McDowell Injury Law, we understand the complexities of personal injury cases and the challenges of proving negligence per se. Our team is dedicated to helping individuals in Connecticut hold negligent parties accountable and secure the compensation they deserve. Whether you were injured in a car accident, bitten by a dog, or hurt due to unsafe property conditions, we are here to guide you through every step of the legal process.
Let us help you gather the evidence needed to establish negligence per se and prove the full extent of your damages. With our experience and commitment to your case, we’ll fight for the justice and compensation you deserve.
Contact us today for a FREE consultation. Call 475-231-3274 or fill out our online form to get started. Don’t wait—your case deserves expert attention.
Bert McDowell Injury Law - Your trusted personal injury lawyer in Connecticut. Call us today at 475-231-3274.
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:
(203) 690-1030
