What Is the Difference Between Negligence and Negligence Per Se?

David Muñoz | September 19, 2024 | Personal Injury

What Is the Difference Between Negligence and Negligence Per Se?

Negligence, which means something like carelessness, is the most common justification for a personal injury claim. Negligence per se, by contrast, is a way of proving negligence. It is important not to confuse the two. 

What is Negligence?

To prove the defendant liable for a negligence claim, you typically have to prove the truth of the following four facts (‘elements’):

  1. Duty of care: A duty of care might mean a negligent driver owed the duty to drive safely, for example, or a physician owed a duty to perform medical treatment competently. 
  2. Breach of duty: Whatever the duty of care demanded of the defendant, the defendant failed to meet that demand. 
  3. Damages: The victim suffered harm that led to damages.
  4. Causation: The defendant’s negligence was the foreseeable cause of the victim’s damages.

Typically, this is all you have to prove to establish liability for a negligence claim.

What is Negligence Per Se?

Negligence per se is a tool you can use to prove negligence. You might note, for example, that the defendant caused your accident by running a red light, as in the example above. As long as negligence per se applies, you don’t have to prove that running a red light was negligent–the violation of the statute is enough to establish negligence. The elements of negligence per se are as follows:

  1. The defendant violated a statute, ordinance, or regulation– a traffic law, for example.
  2.  The victim belongs to the class of people the rule was designed to protect–automobile drivers and passengers, for example.
  3. Your injury was of the type the statute sought to prevent. In the example, any ordinary car accident injury will do.
  4. The defendant’s violation of the statute must have been the cause of your injury.

Once you have established these four elements, negligence per se applies.

The Burden of Proof

Who has the burden of proof in a negligence claim? In other words, which party has the obligation to prove their case? Since you filed a claim seeking damages, you must prove your claim. 

Negligence per se makes it easier for you to prove your claim. If the defendant violated a statute, ordinance, or regulation, this violation constitutes a breach of duty. In other words, once you establish that the defendant broke a rule, you have proven the first two elements of your negligence claim (duty and breach). 

Once this happens, the burden of proof goes the other way—now, it is the defendant’s burden to prove that their violation of the rule did not constitute negligence. This reversal of the burden of proof does not necessarily mean you win but increases your chances of victory.   

Negligence Per Se and Liability

As stated above, negligence per se does not automatically mean that the defendant is liable–it just proves that they were negligent. You have two elements left to prove–damages and causation. Typically, you must have suffered a physical injury to qualify for personal injury damages. 

Once you prove you suffered a physical injury, you can also seek damages for psychological damages, such as emotional distress. The last piece of the puzzle is causation–the defendant’s negligence must have caused your damages, and they must have done so in a reasonably foreseeable manner.

You’re Probably Better Off With a Lawyer in Your Corner

If you have a negligence claim against someone, or you believe you do, you’re probably better off with an experienced San Diego personal injury lawyer than without one. A lawyer can interview you, examine your claim, and estimate its value. Contact Mission Personal Injury Lawyers for a free consultation.

Contact the San Diego Personal Injury Law Firm of Mission Personal Injury Lawyers Today To Get More Information

If you’ve been injured in San Diego or Chula Vista, please call Mission Personal Injury Lawyers for a free case evaluation with a personal injury lawyer or contact us online.

We proudly serve San Diego County and throughout California.

Mission Personal Injury Lawyers
2515 Camino del Rio S Suite 350, San Diego, CA 92108
(619) 777-5555

Mission Personal Injury Lawyers – Chula Vista Office
690 Otay Lakes Rd #130, Chula Vista, CA 91910
(619) 722-3032

We also serve the state of Texas. Contact our personal injury law office in El Paso for legal assistance today.

Mission Personal Injury Lawyers – El Paso Office
201 E Main Suite 106, El Paso, Texas 79901
(915) 591-1000