Unfortunately, accidents and injuries occur virtually every single day here in the state of South Carolina. If you were injured in an accident due to someone else’s negligence, you may be entitled to compensation, When someone violates a statute and causes harm, the party may be guilty of “negligence per se.” Please continue reading to learn when “negligence per se” is applicable in a personal injury claim and how a trusted Chesterfield County Personal Injury Lawyer can help you fight for the justice you deserve.
How Does “Negligence Per Se” Differ From Ordinary Negligence?
When it comes to personal injury cases in South Carolina, two terms often arise, “negligence” and “negligence per se.” Both legal concepts involve a breach of duty that results in harm to others. However, they have distinct differences in their application and legal significance.
Negligence refers to the legal theory in which a person or entity fails to act with reasonable care in a given situation, resulting in harm to another person. To establish negligence, the following elements must be proven:
- Duty: The defendant owed a duty of care to the plaintiff, meaning they had a legal obligation to act reasonably to prevent foreseeable harm.
- Breach of duty: The defendant violated their duty of care by failing to meet the standard of care expected in the specific circumstances.
- Causation: The defendant’s breach of duty was the direct cause of the plaintiff’s injuries.
- Damages: The plaintiff suffered tangible and intangible losses as a result of the defendant’s breach of duty.
Negligence per se, on the other hand, is the legal theory in which an individual violates a specific statute or regulation enacted to protect a certain class of individuals from harm. Unlike ordinary negligence, which requires proving the defendant failed to exercise reasonable care, the breach of duty is automatically proven once it has been established that the defendant has broken the law. Essentially, negligence per se simplifies proving negligence by establishing a presumption of negligence once the violation is proven. To establish negligence per se, you must show:
- The defendant violated a statute or regulation.
- The plaintiff belonged to the class of people the statute or regulation was created to protect.
- The violation was the direct cause of the plaintiff’s harm.
- The harm the plaintiff suffered was the type of harm the regulation was intended to prevent.
It’s important to understand that negligence per se is only applicable in situations where a statute or regulation directly addresses the conduct that caused the harm. Ordinary negligence is applicable in more scenarios. For instance, negligence per se is applicable when a defendant drives drunk and causes a collision. If a motorist operates a vehicle while under the influence of drugs or alcohol and crashes into another vehicle which results in injury, they would be guilty of negligence per se. This is because drunk driving is illegal. DUI laws were enacted to create a safer road for all motorists.
At the Cockrell Law Firm, P.C., we are prepared to do everything in our power to help secure the compensation you deserve and need to get your life back on track. Connect with our firm today to learn how we can assist you through every step of the legal process to come.
