---
title: "Negligence Per Se"
type: Legal Term
source: https://casebriefly.com/legal-terms/negligence-per-se
---

# Negligence Per Se

Negligence per se is a doctrine under which a court adopts a legislative or regulatory standard as the applicable standard of care. If the defendant violated a statute designed to protect the class of persons to which the plaintiff belongs against the type of harm the plaintiff suffered, the violation establishes breach of duty as a matter of law. The plaintiff must still prove causation and damages. Some jurisdictions treat the statutory violation as only a rebuttable presumption of negligence.

## Related Terms

- negligence
- breach-of-duty
- duty-of-care

## Related Cases


## Example

A driver runs a red light and strikes a pedestrian. The traffic statute was designed to protect pedestrians, and the violation establishes the driver's breach of duty per se.

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Source: [Negligence Per Se — CaseBriefly](https://casebriefly.com/legal-terms/negligence-per-se)