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Definition of Negligence Per se

Negligence per se is an action which does not require proof or argument proving it is negligent because it is already considered negligent under statute or law. Traffic laws and building code violations, for example, are laws which have been passed to protect people from injury and if someone violates these statutes, laws or codes their violation would be considered negligent per se if their actions injured another person. Another example of negligence per se is drunk driving.In a drunk driving case the injured plaintiff does not have to prove the defendant's actions were negligent (because they are considered negligent per se) only that their injuries were the proximate cause of the defendant's actions.

General requirements for negligence per se include proving the defendant violated a statute, law or regulation, the law or statute was created to protect individuals from harm, the plaintiff could be considered part of the group the law intended to protect and the defendant's actions caused the kind of injury that the statute was designed to protect against. Compensation for negligence per se cases are similar to other personal injury claims. If the plaintiff wins their case they can be compensated for medical costs, lost wages, and pain and suffering. Under some conditions punitive damages may also be paid.

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