To succeed on a personal injury claim, you need to show that the person you are suing had a responsibility to keep you safe, did not follow through on that responsibility, and this caused your injury. One of the trickiest parts of a personal injury claim is proving that the person who hurt you had a responsibility to keep you safe, or at least a duty not to hurt you. While this is often difficult, there are also situations where it is quite easy, such as when someone was per se negligent.
Negligence Per Se
There are many laws and regulations that dictate what we can and cannot do in the course of our daily lives. These laws exist to keep everyone safe by dictating how basic things are done in the United States. By acting uniformly in this way, we ensure that other people are not needlessly put in harm’s way.
These laws basically set a minimum standard of care for other people that we need to uphold.
Therefore, whenever someone violates one of these laws and ends up hurting you, it can be used as proof that they were negligent. This is because violating these laws is negligence per se, or intrinsically negligent.
This works by reading the law as setting the responsibility that had to be upheld, and then the violation of that law as proof that it was not.
An Example: Driving on the Right Side of the Road
An excellent, and all too common, example of how negligence per se works is New Hampshire’s law that requires drivers to keep to the right side of the road. Whenever someone veers over the center line and causes a car accident, they were likely per se negligent. The minimum standard of care that they had to uphold was to drive on the right side of the road. Crossing over the center line and causing an accident, therefore, is proof that they were not driving on the right side.
Implications of Negligence Per Se
Whenever there is a law, regulation, or statute that dictates how people should act, and then someone violates that rule and someone gets hurt from the violation, it makes it easier to get compensation from them in a personal injury lawsuit. Without having to argue as much over whether they had a responsibility to keep you safe and whether they violated that responsibility, the case becomes much more straightforward.
Personal Injury Attorneys at Tenn And Tenn
Even though negligence per se is a convenient concept for personal injury cases, it still often takes an experience personal injury attorney to make sure that it works properly. This is why hiring the personal injury attorneys at Manchester’s own Tenn And Tenn law firm is one of the best ways to ensure that you receive Continue reading →