What is Negligence Per Se?
In a typical personal injury claim, the plaintiff must demonstrate that the defendant’s negligent behavior included a certain degree of intent. In other words, the plaintiff can only receive compensation if he or she has evidence that the defendant knew or should have known that he or she was placing the defendant in danger. There are certain exceptions to this standard of evidence, however, including the legal concept of “negligence per se.”
If you have been injured by an individual or entity who failed to meet reasonable safety standards, you could be able to win compensation for your pain and suffering, missed work, and medical bills. To discuss your grounds for legal action, call the Iowa personal injury lawyers of LaMarca Law Group, P.C. at 877-327-2600.
Defining Negligence Per Se
“Negligence per se” is another way of saying that an action is inherently negligent. It applies when one party violates a safety regulation, causing harm to another party. Evidence of the violation is considered evidence of negligence, whether or not there is evidence that the violation was deliberate.
Negligence per se cases require three basic elements:
- There is a safety regulation in place to protect people from injury.
- The defendant belongs to a group that is supposed to adhere to the regulation.
- The plaintiff belongs to a group that the regulation is supposed to protect.
For example, a police officer who fails to follow correct protocol in a dangerous situation could be held liable for injuries he or she causes to others. In some places, drivers who go a certain amount over the speed limit can also be found negligent. The goal of negligence per se laws is to make sure that people honor the laws and regulations designed to ensure public safety.
Contact an Iowa Negligence Claim Lawyer
If your life has been affected by another party’s careless behavior, you may be able to win repayment for your losses. To learn more, contact the Iowa personal injury attorneys of LaMarca Law Group, P.C. at 877-327-2600.