How does negligence per se work?

now browsing by tag

 
 

Negligence Per Se

Negligence Per Se

Negligence per se is a doctrine that provides that an action or conduct by a defendant is considered negligent because it violates a statute or regulation. Here, violation of the statute absents some valid excuse is automatically considered to be a breach of a duty of care owed to others, making it negligence as a matter of law.  Negligence per se creates a presumption that the defendant acted negligently, resulting in harm to the plaintiff. The presumption is rebuttable, meaningRead More …