Definition
Negligence per se (Latin: "negligence in itself") is a legal doctrine that establishes negligence automatically when a defendant violates a safety statute or regulation designed to protect the class of people to which the plaintiff belongs. It short-circuits the need to separately prove the defendant breached a duty of reasonable care.
How It Works
Under negligence per se, if a defendant violated a law — such as running a red light, driving drunk, or failing to meet a building code requirement — and that violation caused the plaintiff's injury, the defendant is considered negligent as a matter of law. The plaintiff still needs to prove causation and damages.
Common Examples
- A driver running a red light and hitting a pedestrian (traffic law violation)
- A landlord failing to install required smoke detectors and a tenant is injured in a fire (building code violation)
- A bar serving alcohol to a visibly intoxicated person who then injures someone (dram shop law violation)
- A manufacturer selling a product that fails to meet federal safety standards
Requirements for Negligence Per Se
For negligence per se to apply: a statute or regulation must have been violated, the plaintiff must be within the class of people the statute was designed to protect, and the harm must be of the type the statute was designed to prevent.
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