Liability

What is Negligence Per Se?

A doctrine where violating a safety statute is automatically considered negligence, eliminating the need to prove duty and breach separately.

Definition

When a defendant violates a safety statute or regulation designed to protect a class of people that includes the plaintiff, courts can treat that violation as negligence per se — meaning the plaintiff doesn't have to prove the standard duty and breach elements. Causation and damages still must be proven.

How it applies in personal injury cases

Common in auto cases (running a red light, DUI), trucking (FMCSA violations), and premises (building code violations). Negligence per se shifts the focus to causation and damages, which often makes the case dramatically stronger and faster to resolve.

Related terms

Res Ipsa Loquitur

A doctrine that infers negligence from the nature of an accident in cases where direct evidence of negligence is unavailable.

Comparative Negligence

A doctrine that reduces a plaintiff's recovery by their percentage of fault for the injury.

Standard of Care

The level of care a reasonably prudent person (or professional) would exercise under similar circumstances.

This entry is a plain-English reference for personal injury practice. It is not legal advice — consult a licensed attorney in your jurisdiction for the law applicable to your case.

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