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Simple English definitions for legal terms

negligence per se

Read a random definition: constitutional avoidance

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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babycat
20:16
I hate The Good Morty
Dkk
20:21
I hate him too. So lame.
Dkk
20:23
If someone has over like a 170 and they report their stats in the 2023-2024 cyle, I really question if they deserved that 170.
Dkk
20:23
I'm gunna report all my shit in the 2025-2026 cycle for now on.
babycat
20:28
Dk have you gotten into any schools yet?
Dkk
20:28
Nope! Heard nothing so far!
babycat
20:28
oh okay it’s coming!
Dkk
20:28
No Wl, No R, No A. It will probably be a while for me cus of my weird stats and softs.
babycat
20:28
me neither but I applied this month
Dkk
20:29
Yeah, I would say you gotta wait until Chrsitmas or early january now.
babycat
20:29
I’ll probably wait another month or two before I start freaking out
2big2fail
20:29
@Dkk: what are weird softs
Dkk
20:29
That is a good plan.
babycat
20:30
he’s a crypto billionaire
2big2fail
20:30
he beat mike tyson in a boxing match
2big2fail
20:30
last week
babycat
20:30
he also has a hot tub which is a big deal
Dkk
20:30
Paralegal, military, entrepreneurship, crypto, weird other work experiences like Disney. COVID issues, UCLA issues, drug addiction with my brother.
Dkk
20:31
Yeah, hot tub is the biggest one.
@Dkk: I feel ur pain with no responses yet
2big2fail
20:31
were you a disney channel child star
we are all going crazy
babycat
20:32
he’s bridgit mendler
2big2fail
20:32
im just waiting for pellerdine
2big2fail
20:32
peggerdine
Dkk
20:32
Crypto is booming right now and my friend is CPO of a carbon creidt company on the blockchain and the Canadian government has called him like 3 times this week and he needs help so he actually just gave me a job offer today.
i aspire to be bridgit mendler
Dkk
20:32
Nah, just security there.
wait are u actuaLLY a big crypto guy
m10
20:33
Yeah, like huge into the Cardano space. One of the runner ups for the government on Cardano.
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