Negligence per se is a doctrine that may treat violation of a safety statute or regulation as establishing breach of duty in a negligence case.
Why negligence per se matters
Negligence per se matters because a statute or regulation can define the standard of conduct. If the defendant violated that rule and the violation caused the type of harm the rule was meant to prevent, the plaintiff may have an easier path to proving breach.
The doctrine’s availability varies by jurisdiction and by the rule involved.
Where negligence per se appears
Negligence per se appears in traffic collisions, safety-code violations, premises cases, product cases, workplace-safety disputes, and personal-injury lawsuits.
Practical example
A driver violates a traffic-safety statute and causes the kind of crash the statute was designed to prevent. The injured person may argue negligence per se.
How negligence per se differs from nearby terms
Negligence per se differs from ordinary negligence because the legal standard may come from a statute or regulation rather than a general reasonable-care analysis. It does not automatically prove causation or damages.
Related terms
Quick knowledge check
Why does negligence per se still require causation and damages analysis?