The legal doctrine of negligence per se makes it easier to establish liability in certain situations. Rooted in the idea of a breach of duty, this principle applies when a person breaks a regulation designed to protect others. Unlike traditional negligence, where plaintiffs must show unreasonable behavior, negligence per se sets liability when a legal rule is broken.
To better understand negligence per se, consider distracted driving—a modern problem on the roads. Attorney Vince Sowerby, a well-known legal professional specializing in personal injury cases, clarifies that this issue is often an example of this doctrine. “When drivers text, eat, or engage in distractions while driving, they frequently violate traffic laws intended to prevent harm. That breach alone can meet the criteria for this doctrine,” Sowerby states.
### Understanding Its Distinction from General Negligence
Negligence per se removes the need for plaintiffs to prove the defendant acted unreasonably. In general negligence cases, establishing fault involves demonstrating these four elements: 1. **Duty of Care** – The defendant owed a duty to the plaintiff. 2. **Breach of Duty** – The defendant breached that duty. 3. **Causation** – The breach caused harm. 4. **Damages** – The plaintiff suffered losses.
With negligence per se, a statute defines the duty. When someone violates it, they are automatically liable. As Vince Sowerby explains, “The legal violation serves as proof.”
### Distracted Driving: A Prime Example
Distracted driving laws offer a clear example. Many states ban texting while driving or have laws about distractions. These laws aim to prevent accidents.
Suppose a motorist texts and rear-ends another vehicle. If texting while driving violates a state law, the injured party can invoke negligence per se to prove the driver’s fault. This framework eliminates questions about reasonableness because the violation itself confirms negligence.
### The Legal Framework
For negligence per se to be valid, certain conditions must be fulfilled: 1. **Statutory Violation** – The defendant broke a specific law. 2. **Protected Class** – The law must exist to protect the plaintiff. 3. **Harm Alignment** – The harm caused must be the specific injury the rule addresses. 4. **Causation** – The harm must directly result from the breach.
Distracted driving laws often meet these criteria. For example, texting bans exist to stop accidents. If a motorist disobeys such rules, their negligence per se is clear.
### Why It Matters
Negligence per se streamlines the legal process, especially in cases like distracted driving. For plaintiffs, it eliminates unnecessary hurdles, allowing them to focus on damages and causation.
Attorney Vince Sowerby highlights the importance of understanding this legal tool. “Many people feel unsure about seeking justice because they fear the complexity. Negligence per se simplifies things, particularly when laws have been clearly broken.”
### Final Thoughts
Negligence per se holds people responsible when laws meant to protect others are ignored. Distracted driving shows how this doctrine works. Vince Sowerby advises using this principle to claim the damages they deserve, reinforcing the importance of following laws.
