Negligence is among the most common grounds for filing personal injury claims in Louisiana. If another person causes you to be injured because of their negligence, they may be financially liable for your economic and non-economic damages. You must prove the elements of negligence before receiving money for your claim.

In some situations, it can be difficult to prove negligence. If so, pursuing a negligence per se claim may be an option. It is important to understand the differences between the two terms and how they are used in a personal injury case.

Negligence occurs when a party fails to use a reasonable level of care. The level of care required for a situation is based on what a reasonable person would have done in the same situation.

A jury usually determines negligence in a personal injury case. They consider how a reasonable person would act in a situation and measure the defendant’s actions against that standard to determine whether the defendant acted negligently.

Negligence per se can also establish liability for damages. Negligence per se establishes that an act is negligent if it violates a statute or regulation.

The Basic Principle of Negligence

Proving negligence requires you to establish the following four elements:

  • Duty of Care: The at-fault party owed you a legal duty of care. For example, all drivers have a duty of care to follow traffic laws and drive safely.
  • Breach of Duty: The at-fault party did something or failed to do something resulting in a breach of that duty.
  • Causation: The party’s breach of duty was a direct and proximate cause of your injuries.
  • Damages: You sustained injuries and harm because of the party’s breach of duty.

Examples of negligence-based personal injury cases include car accidents, slip and fall accidents, medical malpractice, premises liability, and wrongful death.

You must have sufficient evidence to prove the party was negligent. Evidence can include photographs, videos, eyewitness testimony, expert opinions, and documents. The jury must find that it is more likely than not that the defendant breached their duty of care and caused your injuries.

The Concept of Negligence Per Se

Negligence per se is similar to negligence. However, in order to substantiate negligence per se, the court must determine that someone was negligent because they violated a law enacted to protect the public, and that violation directly caused your injuries.

Proving negligence per se requires that you prove the defendant violated a law designed to protect the public from a specific type of harm. You must prove that you belong to the class of people the law was designed to protect.

Negligence per se might be applicable in a traffic accident case. Many of Louisiana’s traffic laws are designed to reduce the risk of traffic accidents. Suppose a driver ran a red light, causing a car accident. Traffic laws are designed to protect everyone using the road. In this case, the accident victim belongs to the class of people that the law is designed to protect.

Not all violations of the law result in negligence per se. For example, suppose a driver did not have car insurance when a car crash occurred, and the cause of the crash is disputed. It is unlikely that negligence per se would apply in this case because failing to have car insurance did not cause the wreck.

Negligence vs. Negligence Per Se: Impact on Personal Injury Cases

If you do not have a strong case based on solid evidence, pursuing a legal claim based on negligence per se may be an option for you. It avoids the necessity of proving negligence to a jury. However, negligence per se is a rebuttable presumption.

The defendant can offer defenses to prove they were not negligent. For example, the defendant may have an eyewitness testify that the light was yellow during the crash, so they did not break the law.

If you need help determining whether negligence or negligence per se applies to your legal claim, contact an attorney today.

Contact the Gretna Personal Injury Lawyers of The Law Office of John W. Redmann, LLC for Help Today

If you were injured in an accident in Metairie or Gretna, Louisiana, and need legal help, contact our personal injury attorneys at The Law Office of John W. Redmann, LLC, to schedule a free case review today.

We serve Jefferson Parish County and Louisiana’s surrounding Areas

The Law Office of John W. Redmann, LLC – Metairie, LA Office
2901 N Causeway Blvd, STE 202
Metairie, LA, 70002

(504) 500-5000

The Law Office of John W. Redmann, LLC – Gretna, LA Office

1101 Westbank Expy
Gretna, LA, 70053

(504) 384-8053