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Negligence per se is a legal doctrine that simplifies proving fault in specific cases. Built upon the concept of breaching one’s duty, this principle applies when a person breaks a regulation designed to protect others. Unlike general negligence, where plaintiffs must show unreasonable behavior, negligence per se sets liability if a law was violated.
To better understand negligence per se, consider distracted driving—a common hazard on the roads. Attorney Vince Sowerby, a well-known attorney specializing in personal injury cases, explains that distracted driving often exemplifies this doctrine. “When drivers use phones or multitask while driving, they frequently violate traffic laws intended to prevent harm. That breach alone can meet the criteria for this doctrine,” Sowerby states.
### How It Differs From General Negligence
Negligence per se eliminates the necessity for plaintiffs to prove the defendant acted unreasonably. In general negligence cases, establishing fault involves showing 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, the law itself sets the standard. When someone violates it, they have breached their duty. Sowerby notes, “The legal violation serves as proof.”
### Distracted Driving: A Prime Example
Distracted driving laws offer a clear example. Many states prohibit phone use or have laws about distractions. These laws aim to prevent accidents.
Suppose a motorist texts and causes an accident. If texting while driving violates a state law, the injured party can use this doctrine to establish liability. This approach eliminates the need to debate recklessness because the law already defines the behavior as unsafe.
### 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 violation caused the harm.
Distracted driving laws often meet these criteria. For example, anti-texting laws prevent collisions. When a driver violates these laws, their negligence per se is clear.
### Why It Matters
Negligence per se streamlines the legal process, especially in situations involving statutory violations. For injured parties, it eliminates unnecessary hurdles, allowing them to address the harm suffered.
Attorney Vince Sowerby highlights the importance of understanding this legal tool. “Many people feel unsure about seeking justice because they find the process daunting. Negligence per se removes much of the guesswork, particularly when laws have been clearly broken.”
### Final Thoughts
Negligence per se ensures accountability when laws meant to protect others are ignored. Distracted driving demonstrates its practical application. Vince Sowerby advises using this principle to pursue fair compensation, reinforcing the value of public safety.
