{"id":413,"date":"2015-05-19T18:12:21","date_gmt":"2015-05-19T18:12:21","guid":{"rendered":"https:\/\/www.chblawfirm.com\/blog\/?p=413"},"modified":"2024-11-01T20:02:35","modified_gmt":"2024-11-01T20:02:35","slug":"explanation-of-negligence-per-se-claims","status":"publish","type":"post","link":"https:\/\/www.chblawfirm.com\/blog\/explanation-of-negligence-per-se-claims\/","title":{"rendered":"Explanation of Negligence Per Se Claims"},"content":{"rendered":"
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\"Indianapolis
Indianapolis Accident Attorneys 317-881-2700<\/figcaption><\/figure><\/div>\n\n\n

In a standard personal injury case, a plaintiff or their legal team is obligated to establish a defendant\u2019s \u201cduty of care<\/em>\u201d, prove that there was a \u201cbreach<\/em>\u201d of the duty, and then demonstrate how this negligence caused the plaintiff harm or damages. In a \u201cnegligence per se<\/em>\u201d case, there is no need to prove or establish any of these facets since negligence per se already suggests negligence was at play. Continue reading to learn what this means and examples of such cases.<\/p>\n\n\n\n

Negligence Per Se<\/h1>\n\n\n\n

Negligence per se is a \u201ccause of action<\/em>\u201d claim that suggests a person acted negligently, causing harm to another, by violating a law (criminal, not civil<\/em>) that is set to protect people for that specific reason. Speed limits are a perfect example of laws set in place to protect the public. If a person were to ignore a speed limit, exceed it, and then cause an accident that harms another person, they can be held accountable under negligence per se laws.<\/p>\n\n\n\n

The plaintiff party would have to first show that the defendant broke the law, which is fairly concrete. Then the case can move onto proving how violation of that law caused the victim harm. The negligent act had to have caused the type of harm the law was intended to prevent specifically, like in the case of reckless driving and motor vehicle accidents. And the victim has to be part of the \u201cclass<\/em>\u201d the law was set to protect; in this case, the public class.<\/p>\n\n\n\n

To Prove Negligence Per Se, the Following Four Facts Must Be True:<\/h2>\n\n\n\n

1.<\/strong> A Safety Law was Violated<\/em><\/span><\/p>\n\n\n\n

2.<\/strong> The Violated Law is Punishable By Criminal Penalty, Not Civil Penalty<\/em><\/p>\n\n\n\n

3.<\/strong> The Violated Law is Set to Protect the Public from the Type of Injury Inflicted<\/em><\/p>\n\n\n\n

4.<\/strong> The Injured Victim is a Member of the Class that the Violated Law Protects<\/em><\/span><\/p>\n\n\n\n

Other examples of common negligence per se claims include buildings codes, city codes, health and safety codes, intoxicated driving, blatant medical malpractice (i.e. refusing emergency care, removing incorrect organ, practicing without a license, etc.<\/em>), and more. States and jurisdictions vary in the use and application of negligence per se claims. Depending on your state or jurisdiction, the process can differ greatly. It is recommended to hire a licensed personal injury attorney that concentrates on the accident you or your loved one experienced so that your family\u2019s rights are protected. A seasoned accident lawyer can help families recover the full and fair compensation they deserve after being injured as a result of another person or entity\u2019s carelessness.<\/p>\n\n\n\n

Craven, Hoover, and Blazek P.C.<\/h1>\n\n\n
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\"Personal
Personal Injury Law Firm 317-881-2700<\/figcaption><\/figure><\/div>\n\n\n

Call Craven, Hoover, and Blazek P.C. at 317-881-2700<\/strong> to schedule a free initial consultation with a licensed Indianapolis personal injury lawyer<\/strong> you can trust. Partners, Daniel Craven<\/a>, Ralph Hoover, and Keith Blazek are seasoned personal injury attorneys that focus on several practice areas; including motor vehicle accidents, slip and fall accidents, dog bites, workers\u2019 compensation, and more. We never collect lawyer fees unless we prevail for you. Call 317-881-2700 to file a personal injury claim in Indianapolis, IN<\/strong> today.<\/p>\n","protected":false},"excerpt":{"rendered":"

In a standard personal injury case, a plaintiff or their legal team is obligated to establish a defendant\u2019s \u201cduty of care\u201d, prove that there was a \u201cbreach\u201d of the duty, and then demonstrate how this negligence caused the plaintiff harm … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[53],"tags":[133,172,276,25,277,61],"class_list":["post-413","post","type-post","status-publish","format-standard","hentry","category-personal-injury","tag-accident-lawyer-indianapolis","tag-car-accident-attorney-indianapolis","tag-file-a-personal-injury-claim-in-indianapolis","tag-indianapolis-personal-injury-lawyer","tag-negligence-per-se","tag-negligent-torts"],"_links":{"self":[{"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/posts\/413","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/comments?post=413"}],"version-history":[{"count":5,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/posts\/413\/revisions"}],"predecessor-version":[{"id":4452,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/posts\/413\/revisions\/4452"}],"wp:attachment":[{"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/media?parent=413"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/categories?post=413"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/tags?post=413"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}