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When it comes to personal injury cases, the plaintiff has the best chances of receiving high compensation if they can prove their injuries were directly caused by the negligent behavior of the defendant. The per se in these cases means that a specific law has been violated by the defendant’s negligent actions. For further and easier understanding, read on.
What Exactly Is Negligence Per Se?
While negligence generally means violating a duty of care which they owed to either the plaintiff or the public in general, negligence per se is a negligent act that stand in direct violation of a law that has been put in place in order to protect the public. Commonly violated laws include building codes, speed limits, and alcohol intoxication beyond the legal limit for driving. As a result of the per se aspect, the plaintiff and their lawyer will not have to prove the carelessness or recklessness of the defendant’s behavior, since it is already in violation of a law.
How To Prove Negligence Per Se
In order to prove the defendant guilty of negligence per se in a case of personal injury, the plaintiff and their attorney will need to gather evidence to prove the following:
• the defendant’s actions stood in direct violation of a law
• the violated law was put in place in order to protect from injuries such as the one sustained by the plaintiff
• the plaintiff is a member of the group of people protected by the violated law
Direct Violation of A Law
In general, it is quite easy to prove somebody guilty of violating such a law. Usually, all it takes is assessment of the involved vehicles, blood tests, or assessment of a building, depending on which law was violated. However, it will need the reports from investigators and law enforcement to prove the point.
The Law’s Intention To Protect
This is generally even easier to prove than the violation of the law itself. The vast majority of protective laws are clear in stating their intentions. A simple look at the wording of the law will make it clear that its intention is to prevent physical harm to other people. If you are not sure about the process, it is important to discuss in detail with your personal injury lawyer in Hamilton.
Plaintiff Is A Member of The Protected Class
In a vast majority of cases, the protected group is the general public, and proving somebody a member of the general public should not be too difficult. All in all, negligence per se is not exactly rare in cases of personal injury, but still a less frequent occurrence than other negligence cases.