In the legal world, negligence refers to a person’s failure to exercise reasonable care, resulting in harm to others. When someone acts negligently and causes a preventable accident, sometimes injured victims can earn compensation for their injuries by filing a personal injury claim. However, there are some personal injury cases that use the concept of “negligence per se”. If you don’t know what this means, don’t worry because our knowledgeable law firm has all the answers you need. To learn more, continue reading or contact one of our Queens Personal Injury Attorneys today for individualized legal counseling.
What Is “Negligence Per Se”?
“Negligence per se” literally means negligence in and of itself. Essentially, the negligence per se doctrine is used in personal injury cases where the defendant, the person responsible for the accident, broke a law that led to the incident. This concept makes it much easier for victims to earn compensation after a preventable accident.
In New York personal injury law, negligence per se typically applies when someone violates a safety statute designed and enacted to protect the public. As such, if that violation leads to the injury, the law may presume that the defendant acted in a negligent manner.
Key Elements
- A person violates a law or safety regulation
- That law or regulation was designed to protect a specific group of people, like drivers or pedestrians
- The injured person belonged to that protected group
- The violation directly resulted in an injury
When these elements are present and proven, the court may treat the violation itself as evidence of negligence.
How Do New York Courts Apply Negligence Per Se?
In New York, the court may treat a violation of a certain law as negligence when the law was specifically intended to prevent the type of harm the victim suffered. However, not all statutory violations will result in automatic liability.
Situations Where New York Courts May Apply Negligence Per Se
- The violated statute was intended to protect public safety
- The injury party belonged to the group the law sought to protect
- The defendant’s violation caused the injury
- The statute clearly creates a duty of conduct
Situations Where Negligence Per Se May Not Apply
- The law violated was administrative rather than safety-based
- The violation was unrelated to the injury
- The injured individual was not part of the protected group
- The defendant has a legally recognized justification for the violation
How Is Negligence Proven In New York Personal Injury Cases?
Normally, there are four main steps to proving negligence in the courtroom:
- Duty: The defendant had a reasonable duty of care to minimize harm to others
- Breach: The defendant violated their duty
- Causation: The defendant’s breach of duty directly led to the preventable accident
- Damages: The victim suffered as a result of the defendant’s breach of duty
In many personal injury cases, all four of these elements are necessary to prove the victim’s claim. However, if a defendant also committed a crime that led to the accident, it becomes unnecessary to prove the first two steps – duty and breach. This is because you automatically breach civic duties by violating a law, especially a law designed to protect others from harm.
Why Negligence Per Se Can Strengthen an Injury Case
Because negligence per se essentially removes the need to prove certain elements of negligence were present, it can ultimately simplify a personal injury case.
- Courts may presume a duty of care already existed as established by the violated law
- Violating the statute can automatically prove breach of duty
- However, the injured individual must still prove causation and damages
During cases that involve negligence per se, statutory violations can strengthen settlement negotiations, as insurance companies may have fewer grounds to dispute liability.
Common Examples of Negligence Per Se
For example, let’s say someone drives while under the influence of alcohol and crashes into another car, injuring that driver. Drunk driving is illegal because it poses danger to the general public; in fact, statistics show that over 10,000 car crash fatalities per year are caused by drunk drivers.
Therefore, someone who chooses to drive while intoxicated violates their duty of reasonable care even if they don’t crash into anyone. So in this scenario, the injured victim of the drunk driver should more easily be able to prove that the defendant acted negligently because they broke a safety regulation.
Common Situations Where Negligence Per Se May Apply
As mentioned, negligence per se may become applicable when someone violates a law designed to protect public safety, such as:
- Drunk driving violations
- Running red lights or stop signs
- Texting and driving
- Speeding beyond legal limits
- Failure to adhere to workplace safety regulations
- Selling or providing alcohol to minors
Common Negligence Per Se Cases in New York City
With heavy motor vehicle and pedestrian traffic, unfortunately, New York City is home to many accidents. While fatal injuries have declined in recent years, there are still a number of ways in which a negligence per se claim may arise.
- A driver running a red light in Queens or Brooklyn, resulting in a collision
- A bar in Manhattan illegally serving alcohol to a minor who later causes a crash
- A contractor ignoring safety regulations on Staten Island
- An employer violating New York workplace safety standards, leading the employee to suffer an injury on the job
What Compensation Can Victims Recover in a New York Personal Injury Claim?
Whether you were hurt by a drunk driver in the Bronx or slipped and fell due to unshoveled snow in Queens, you may be entitled to compensation for the injuries you have suffered as a result of another party’s negligent actions. Typically, this compensation includes both economic and non-economic damages.
Types of Damages Typically Recoverable in Personal Injury Claims
- Medical expenses for emergency care, hospitalization, physical therapy, and rehabilitation
- Compensation for the estimated costs of future medical care
- Lost wage
- Reduced income and earning capacity
- Property damage
- Loss of enjoyment of life
- Pain and suffering
- Permanent disability
- Scarring or disfigurement
Contact an Experienced New York City Personal Injury Attorney Today
Have you recently been injured in a preventable accident due to someone else’s negligent behavior? You might want to speak with a dedicated personal injury attorney who can help you to determine your best options. At the Law Offices of George Poulos our dedicated team on your side! We understand how difficult navigating the personal injury claim process can be, which is why we will do everything in our power to help you fight for the best possible outcome. Contact our highly experienced team today for an initial consultation.