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Tag Archives: negligence per se

What is “Negligence Per Se”?

By Robert Ross |

NEGLIGENCE “PER SE” CREATES A PRESUMPTION OF NEGLIGENCE IN CERTAIN CIRCUMSTANCES Negligence “per se” arises in situations where a statute (law) or other applicable regulation establishes a standard of care, a defendant breaks the law (thereby violating the standard of care) and injury results. Negligence per se creates a presumption that the defendant’s actions were… Read More »

The Effect of Illegal Activities on Negligence Liability

By Robert Ross |

IN SOME CASES, ILLEGAL ACTIVITIES MAY CONSTITUTE “NEGLIGENCE PER SE” When a defendant’s actions violate an applicable ordinance, law, or regulation, and the violation results in harm or damage to persons or property, the violation may constitute “negligence per se.” Negligence per se is a legal doctrine that creates a presumption of negligence–though the doctrine… Read More »

Negligence “Per Se” – A Duty or Standard Established by Law

By Robert Ross |

WHAT IS NEGLIGENCE PER SE? Negligence per se is a legal concept that, in certain situations, may make it easier for plaintiffs to prove a negligence claim. Where a defendant violated a law, ordinance, or regulation that establishes either a duty of care or the appropriate standard of care that people should use in specific circumstances,… Read More »

What is “Negligence per se”?

By Robert Ross |

NEGLIGENCE PER SE IS A RULE THAT CREATES A PRESUMPTION OF NEGLIGENCE WHERE DEFENDANTS BREAK CERTAIN KINDS OF LAWS When defendants–including property owners–engage in certain kinds of behavior, the law allows a presumption that negligence has occurred. While this presumption is rebuttable, meaning that a defendant can introduce evidence to prove (s)he was not negligent, the… Read More »

Negligence Per Se Is Not a Replacement for “Ordinary Negligence” Claims

By Robert Ross |

“NEGLIGENCE PER SE” IS NOT A SEPARATE TORT FROM “ORDINARY NEGLIGENCE”  Negligence is part of tort law — the branch of civil law that deals with legally recognized “wrongs” committed against other people or property. (Sometimes, those same wrongful acts are also crimes, and punishable under criminal law as well.) Negligence per se (a… Read More »

Proving Breach of a Property Owner’s Duty

By Robert Ross |

HOW DOES NEGLIGENCE RELATE TO PREMISES LIABILITY? Premises liability is a form of negligence, which means the plaintiff (usually, the injured party or someone suing on his or her behalf) must prove the elements of negligence in order to prevail. The elements of a claim for negligence are: 1. The existence of a legally… Read More »

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