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LSDefine

Simple English definitions for legal terms

negligence per se

Read a random definition: government insurance

A quick definition of negligence per se:

Term: Negligence per se

Definition: Negligence per se means that someone is automatically considered to have done something wrong if they break a law or rule that is meant to protect people from harm. In a court case, the only thing that needs to be proven is whether the violation caused the injury. There are some exceptions where breaking the law is excused, like if the law is unclear or if the person tried to follow it but still caused less harm by not following it. The most common example is when someone breaks a traffic law while driving.

A more thorough explanation:

Definition: Negligence per se means negligence in itself. In a torts case, if a defendant violates a statute or regulation without an excuse, they are automatically considered to have breached their duty of care and are therefore negligent as a matter of law. This means that the only thing that needs to be proven at trial is whether the violation caused the plaintiff's injury.

According to the Restatement (Third) of Torts §14, an actor is negligent per se if they violate a statute that is designed to protect against the type of accident or harm caused by their conduct, and the plaintiff is someone the statute is designed to protect. There are exceptions to this rule, as outlined in Restatement (Third) of Torts §15. These exceptions include cases where the statute is unclear, the actor exercised reasonable care in attempting to comply with the statute, or the actor's noncompliance with the statute resulted in less harm than if they had complied.

The most common application of negligence per se is in traffic violations, where a driver is automatically considered negligent for violating the traffic code. For example, if a driver runs a red light and causes an accident, they are considered negligent per se because they violated a statute designed to protect against accidents caused by running red lights.

Another example of negligence per se could be a restaurant violating health codes by not properly storing food, resulting in a customer getting sick. The restaurant would be considered negligent per se because they violated a statute designed to protect against foodborne illnesses.

Overall, negligence per se is a legal concept that holds individuals and businesses accountable for violating statutes and regulations designed to protect the public. It simplifies the legal process by automatically considering the violator negligent, making it easier for plaintiffs to prove their case in court.

Negligence | Negligent

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almost all of my apps have been UR for 6 weeks at this point I feel exhausted waiting for them to finish
Irvine is being snobby and wont start any review until end of Nov.
Yeah, it’s tough. I’m distracting myself by playing good video games after work :)
im distracting myself by schizo-scrolling r/lawschoolamissions and every conceivable data point on this godforsaken website
it is not working
Haaa I naturally want to do that too. I’m trying to stop. They need a surgeon general’s warning on this site for perspective law students
i spend more time on here then anything else trying to rationalize that the waves from last year will match waves for this year (they won't) and that the stats of people with the same stats are indicative of my own (they aren't)
There aren't many people in my stat range so I pretty much know every result in my range after being on here for a few years
9:28
congrats on the 172 bruce
go dawgs fr
9:29
roll tide
do we foresee a fordham election day wave today (i'm delusional)
WorthlessAttractiveZombie
9:31
I think so, Jack
9:31
some people hate him. some people love him, but he a real one: https://youtu.be/w5oEqiVQcF4?t=173
9:32
[kevin oleary]
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
WorthlessAttractiveZombie
9:34
I mean if Fordham doesn't release today I will purposefully get on a train, go to new york, and then take the stinkiest shit inside the admission office's toilet (potentially clogging it and forcing them to get a plumber)
IS IT ONLY ON MY END WHY DID THAT SEND TEN MILLION TIMES
HELLO
WorthlessAttractiveZombie
9:35
it sent a million times lol
WHAT HAPPENED
yeah i thought you were tweaking for a second
i'm so sorry everyone what the actual fuck this website hates me
WorthlessAttractiveZombie
9:35
Jack's just tweaking on LSD no biggie
to be fair this accurately represents my mental state
election day psychosis coming in hot (fordham)
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