Torts · Negligence Per Se
Clear answer to: What Is Negligence Per Se in Torts? with key cases, examples, and exam tips for law students.
Negligence per se is a legal doctrine in tort law where an act is considered negligent because it violated a statute or regulation. This violation creates a presumption of negligence if the injured party belongs to a class that the statute was designed to protect.
Negligence per se arises when a defendant’s conduct is found to violate a statute that is intended to protect a specific class of individuals from a particular type of harm. Essentially, the breach of this statutory duty is sufficient to establish a breach of the standard of care in a negligence action. For this doctrine to apply, the plaintiff must show that they belong to the class of persons the statute was designed to protect and that the injury was of the kind the statute was meant to prevent.
One of the leading cases on negligence per se is *Martin v. Herzog* (1920), where the New York Court of Appeals held that a driver who violated a statute requiring the use of headlights was negligent per se when involved in an accident. This case established the necessity of showing the causal connection between the statutory violation and the harm suffered.
In *Trujillo v. Cattleshed* (1979), the court expanded on the doctrine, emphasizing that certain regulations have a public policy origin, and a violation can result in liability even if the actor did not intend to cause harm. This illustrates how public safety laws can influence tort liability through negligence per se.
However, defenses can arise in negligence per se cases. For instance, if the defendant can prove that they were not in violation of the statute or that they acted in a manner that a reasonable person would under similar circumstances, they may avoid liability. The application of negligence per se is also limited to situations where the statute is clear and unambiguous.
A driver runs a red light, which is a violation of traffic laws designed to protect drivers and pedestrians. If a pedestrian is struck as a result, the driver may be liable for negligence per se since the traffic law was intended to prevent such accidents and the pedestrian is within the class of people the law aims to protect.
Negligence per se may appear in exam questions where students are required to analyze a statutory violation and its impact on establishing negligence. Effective application often requires a discussion of the specifics of the statute and its purpose.