Accidents happen daily, but when someone violates a safety law and causes harm, they can be held accountable under the negligence doctrine. This legal principle simplifies negligence claims by using the law as evidence of fault.
For an accident victim, proving liability becomes more manageable when the responsible party has broken a law designed to prevent harm. However, not all violations automatically establish negligence. Understanding negligence per se can help determine if this legal doctrine applies to your case.
What is Negligence Per Se in Law?
In personal injury law, proving negligence typically requires demonstrating that the at-fault party failed to exercise reasonable care. However, under the negligence per se doctrine, the injured party does not need to prove negligence in the traditional sense. Instead, if a defendant violated a law designed to prevent harm—such as traffic regulations or building codes—the violation can establish negligence.
For example:
- A driver runs a red light and crashes into another vehicle.
- A landlord fails to install smoke detectors as required by law, leading to injuries in a fire.
- A trucking company exceeds weight limits on a vehicle, causing a deadly accident.
In each case, the lawbreaker’s actions create a strong presumption of negligence, making it easier for victims to pursue a personal injury claim.
When Negligence Per Se May Not Apply
Negligence per se does not automatically apply in all cases. The violated law must specifically protect the injured party and address the type of harm suffered.
For instance, if a city ordinance requires property owners to install handrails on staircases to prevent falls, but a tenant is injured due to a collapsing ceiling, the handrail violation may not apply to their claim.
Additionally, exceptions exist—such as emergencies, lack of awareness, or situations where compliance was impossible despite reasonable efforts. Courts may also consider whether following the law would have created a greater risk of harm.
The Role of Safety Violations in Injury Claims
California courts recognize negligence per se as a valid argument in personal injury cases. To successfully use this doctrine, the injured party must prove:
- The defendant violated a law or regulation.
- The law was designed to prevent the type of harm that occurred.
- The victim belongs to the class of individuals the law intends to protect.
- The violation directly caused the injury.
For instance, California Vehicle Code §22350 prohibits driving at an unsafe speed. If a speeding driver causes an accident, the violation alone can prove negligence. An experienced attorney can help collect evidence and apply this legal standard to your case.
Legal Violations That Impact Personal Injury Cases
Negligence per se is particularly relevant in cases involving motor vehicle accidents, workplace safety violations, and premises liability. Knowing how this doctrine applies can help injured victims recognize their rights and legal options.
Traffic Violations and Auto Accidents
According to the National Highway Traffic Safety Administration (NHTSA), speeding contributes to nearly 30% of all fatal crashes in the U.S. annually. In California, violations like running red lights, distracted driving, and DUI (driving under the influence) often lead to devastating injuries. Since these actions break established traffic laws, victims can usually use negligence per se to strengthen their case against the at-fault driver.
Workplace and Premises Liability Violations
Failing to comply with Occupational Safety and Health Administration (OSHA) standards can put employees at risk in workplaces. Similarly, property owners who ignore building codes—such as failing to maintain stairways or fire exits—can be held liable under negligence per se if their violations cause harm.
These cases often involve complex legal arguments, so working with the best Panorama personal injury lawyer is crucial to maximizing compensation.
What to Do If You’re Affected by Negligence Per Se
If you or a loved one has suffered injuries due to a legal violation, taking the right steps can protect your rights and improve your chances of obtaining compensation:
- Seek Medical Attention Immediately
Even if injuries seem minor, medical records are crucial evidence in any personal injury case. Prompt treatment also prevents complications. - Document the Incident
- Take photos or videos of the scene.
- Obtain witness statements.
- Keep copies of police reports, medical records, and other relevant documents.
- Report the Violation
If a traffic accident occurred, file a report with local authorities. Workplace or premises safety violations should be reported to OSHA or local housing authorities. - Consult a Personal Injury Lawyer
Proving negligence per se requires demonstrating how the law was violated and how that violation directly caused harm. Our skilled attorney in Panorama can gather evidence, consult experts, and build a strong case.
Hold Negligent Parties Accountable—We Can Help
Establishing fault through negligence per se can strengthen your case and streamline the claims process. If someone’s legal violation led to your injury, acting quickly can safeguard your rights and improve your chances of fair compensation.
At Farahi Law Firm, we help injury victims navigate their legal options and fight for the compensation they deserve. If negligence per se applies to your case, our team offers free case evaluations and personalized legal strategies. Contact the best Panorama personal injury lawyer today for a free consultation.
