Legal Definitions - negligence per se

Negligence Per Se is a Latin legal term that translates to "negligence in itself." In the context of a personal injury lawsuit (a "torts" case), it provides a shortcut for proving that a defendant acted negligently.

When a person or entity violates a safety-related law or regulation, and that violation directly leads to someone's injury, they may be considered negligent per se. This means that the court automatically presumes they breached their duty of care, without the need for the injured party to prove that a "reasonable person" would have acted differently. To apply negligence per se, two main conditions must typically be met:

• The law or regulation violated was specifically designed to prevent the type of harm that occurred.
• The injured person is part of the group that the law or regulation was intended to protect.

If these conditions are satisfied, the legal focus then shifts to whether the violation actually caused the injury and if the injury was a foreseeable consequence of the violation. It's important to note that there can sometimes be valid excuses for violating a statute, which might prevent a finding of negligence per se.

Here are some examples illustrating negligence per se:

• Restaurant Health Code Violation: Imagine a local health department regulation requires all restaurants to store perishable food at or below 40 degrees Fahrenheit to prevent bacterial growth. A restaurant, "The Gilded Spoon," consistently stores its cooked chicken at 50 degrees Fahrenheit. Several customers become severely ill with food poisoning after eating the chicken. The customers could argue negligence per se because the restaurant violated a specific health regulation designed to prevent foodborne illness, and the customers are precisely the group the regulation aims to protect. The restaurant's violation of the health code would automatically establish its negligence, and the trial would then focus on whether that violation caused the customers' illness.

• Construction Site Safety Regulations: A state's occupational safety laws mandate that all construction sites must erect sturdy guardrails around elevated platforms to prevent workers from falling. "Skyline Builders" company fails to install these required guardrails on a platform 20 feet above the ground. A construction worker, Sarah, accidentally steps too close to the edge and falls, sustaining serious injuries. Sarah could claim negligence per se against Skyline Builders. The company violated a safety regulation specifically designed to prevent falls from elevated platforms, and Sarah, as a worker on the site, is a member of the protected class. The company's failure to install the guardrails would be considered negligence as a matter of law, simplifying Sarah's burden of proof regarding the company's breach of duty.