Through no fault of their own, an individual could sustain catastrophic injuries that negatively affect their life. When a person is injured as a result of another person’s negligence, they are legally entitled to take legal action to seek compensation for their damages. In most cases, injured individuals are required to prove the defendant’s negligence. However, under certain circumstances, the plaintiff does not have to prove the other party’s negligence to recover compensation for their damages. In Florida, the “negligence per se” doctrine may be applicable if a victim can prove that the negligent party violated a law. If you have been injured as a result of negligence, contact one of our experienced and adept Orlando, Florida Personal Injury Attorneys who can help you understand whether the negligence per se doctrine is applicable in your case. In addition, please continue reading to learn about the distinction between negligence and negligence per se.
What is “negligence per se?” in Florida?
The legal doctrine of negligence per se defines an act as negligent when it violates a law implemented to protect a certain class of people from harm. In most cases, the protected class the law intends to protect from injury is the public. For instance, if a motorist operates a vehicle while under the influence of alcohol or drugs and crashes into another vehicle, the legal concept of negligence per se applies. Not only is driving while under the influence of alcohol or drugs illegal, but the law was implemented to protect everyone on the road from harm. Negligence per se is most commonly applied when someone commits a traffic violation as the motorist is automatically considered negligent because they violated a law that was created to keep people safe from injury. Ultimately, when a person violates a law they are automatically considered negligent, as they violated a law that was created to protect society from harm.
How is it proven in court?
When it comes to proving negligence in court, negligence per se and negligence claims share some similarities, but they are governed by different standards. To prove a negligence claim, victims are required to establish that the defendant owed them a duty of care and that they breached that duty of care which resulted in their injuries. However, as mentioned above, negligence per se does not require a victim to establish that the defendant owed them a duty of care. It is already presumed that the defendant owed them a duty of care because the law was created to protect them from harm. To prove a negligence per se claim, victims must show the defendant violated a law that was implemented to protect people from damage. In addition, they must prove they are part of the protected class the law was created to protect from injury and that their injuries were caused by the defendant’s violation of the law.
In the unfortunate event that you or a loved one have been injured due to another party’s negligence, contact one of our qualified attorneys. With years of experience, our firm can help you seek monetary compensation for your damages. Allow our firm to represent your interests today!