In automobile accidents and most other cases involving personal injury, it is necessary to prove the negligence or fault of the other driver or other party responsible for causing your injuries, in order to recover compensation for your medical expenses, lost wages, pain and suffering, and other legal damages. For instance, in a slip and fall injury that occurs because of a food or drink spill in a grocery store or restaurant, it may be necessary to prove that the dangerous condition existed without being cleaned up for an unreasonably long period of time, and had the property owner been more diligent, the accident wouldn’t have happened. As you may suspect, it is often a challenging and complicated matter to establish the negligence of the other party and present the facts in a compelling and persuasive manner that will lead to a successful settlement or jury verdict.

Negligence per se is one way attorneys prove that the other party was negligent in causing an accident or injury. This doctrine comes into play when a person’s misconduct that caused the injury was also a violation of a statute or local ordinance. When a law prohibits a certain type of conduct in order to protect the safety of others, and a violation of that law does indeed harm someone, then we can say the person was negligent per se. In this case, it is only necessary to prove the person violated the statute, and that violation caused the accident or injury. It may not be necessary to prove any other facts in order to hold the negligent party liable for damages.

Traffic violations are a perfect example of negligence per se. Traffic laws are enacted to prevent automobile accidents and keep people safe, so a person who causes an accident because he or she was speeding, running a red light or stop sign, or turning the wrong way down a street, may be negligent per se and liable to the injured person. Another example might be a bar owner who sells liquor to an already intoxicated person in violation of the law. If the intoxicated person ends up hurting or killing someone in a drunk driving accident, the bar owner may be negligent per se and liable for the personal injury or wrongful death.

Negligence per se is just one tool in the lawyer’s tool kit. There are many ways to prove negligence or fault depending upon the specific facts and circumstances, and a knowledgeable and experienced personal injury attorney will know the best way to prepare and present a persuasive and successful case for compensation. If you have been injured because of another’s negligent, reckless or unlawful conduct, contact Peake & Fowler in Columbia for a free case evaluation.