If you have been injured in an accident caused by another person, you are likely to have a personal injury claim against them. A personal injury case aims to compensate the injured parties for damages suffered as a result of the accident.
The majority of personal injury cases are brought as negligence claims. There are two distinct types of negligence: standard negligence and negligence per se. To help accident victims understand their rights, here is a breakdown of each category of negligence.
What is Negligence in Nevada?
The majority of personal injury cases are brought using a negligence legal basis. The basic idea is that an individual’s failure to exercise reasonable care caused someone else’s injury.
There are four factors to a negligence case:
- Duty. The responsible person, or defendant, had a duty of care to the injured party or plaintiff.
- Breach. The defendant violated his duty of care by failing to act as a reasonable person would.
- Causation. The defendant’s violation resulted in the plaintiff’s injuries.
- Injury. The plaintiff sustained injuries.
To prove that a defendant breached the duty of care, you must show that the defendant did not act in a reasonable manner. What is considered reasonable varies depending on the individual facts of each situation. Furthermore, acceptable behaviour varies depending on the defendant’s participation in a particular situation.
In negligence proceedings, a judge or jury decides whether a defendant acted properly. Establishing that the defendant violated the duty of care can be a difficult burden of proof, necessitating significant investment and evidence.
What is Negligence Per Se?
Negligence Per Se is a unique claim based on the violation of a specific legislation. The concept of negligence per se is that a defendant’s negligence is presumed because the defendant violated the law.
In a negligence per se case, a plaintiff must prove:
- An applicable act or regulation that establishes a specified level of care.
- The defendant broke the statute.
- The plaintiff was a member of the group that the law is designed to protect.
- The defendant’s activities resulted in the plaintiff’s injuries.
Examples of cases involving negligence per se include:
- Car accidents caused by speeding.
- Construction accidents in which the defendant breached building codes.
- Car accidents where the defendant exceeded the blood alcohol content restrictions.
- Product liability cases in which the defendant did not adhere to consumer product standards.
Negligence is frequently easier to prove than standard negligence. There is no need for a judge or jury to decide whether the defendant was unreasonable. Victims simply need to demonstrate that the defendant violated an applicable law. Because the defendant broke the law, it is assumed that he acted unreasonable.
While these cases are simpler to prove than typical negligence cases, there are several defences to negligence per se claims.
Defendants may refute a negligence per se claims by showing that:
- Either complying with the law would have been more harmful than breaking it, or
- The laws were impossible to follow.
Negligence per se applies to fewer claims than general negligence. It only applies when a specific law has been broken. In certain circumstances, the standard of care is defined by statute rather than by a judge or jury.
Impact on Personal Injury Cases
1. Legal Approach.
Determining whether a case includes negligence or negligence per se can have a significant impact on legal strategy. In cases involving negligence per se, the critical focus turns to showing a violation of a statute and its direct connection to the resulting harm. This method can streamline the process and increase the plaintiff’s chances of a favourable conclusion.
2. Possible defences.
Defendants facing negligence per se charges may argue that the applicable statute does not apply to the circumstances, that the plaintiff is not a member of the protected group, or that the violation did not cause the injury. Defences in negligence proceedings may claim that the defendant’s acts were reasonable or that the plaintiff’s activities led to them.
3. Compensation & Damages
The plaintiff may be compensated for both negligence and negligence per se. There could be variations in the types of damages awarded. Compensatory damages are meant to compensate the plaintiff for lost income and mental suffering. Punitive damages may be awarded in some situations if a defendant’s actions were particularly awful.
Can a Personal Injury Lawyer help you prove Negligence per se?
Negligence per se claims are very common in certain types of personal injury accidents. Commercial truck drivers, for example, are subject to two distinct sets of state and federal restrictions, any of which could result in a finding of negligence per se. Negligence per se can apply to a wide range of situations, and a professional personal injury attorney can assist you in presenting your strongest case.
Differences between Negligence and Negligence per Se:
1. Proof burden
In negligence cases, the plaintiff must prove all four components (duty, breach, causation, and damages) using evidence and argument. In contrast, negligence per se reduces the burden of proof by focusing on a specific statute. If the Statute is found to have been broken, the plaintiff is not required to prove the duty and violation separately.
2. Basis of Proof
Negligence is based on the reasonable person standard, which is subjective and open to interpretation. This indicates that what constitutes reasonable behaviour varies according to the circumstances. However, negligence is objective and based on a specific law or regulation, making it easier to show.
3. Application in Court
Negligence per se frequently results in a presumption of negligence, shifting the burden of evidence to the defendant to demonstrate that their conduct were justified or that the violation did not cause the plaintiff’s injury. In ordinary negligence cases, the plaintiff has the burden of proof throughout the trial.
Contact a Nevada Personal Injury Lawyer for Help with a Negligence Claim
In both negligence and negligence per se cases, victims have to show that the defendant caused the accident and that they suffered losses as a result of the event. To be successful, the plaintiff must acquire evidence to support their claim.
If you have been injured in Las Vegas, NV, and require legal assistance, please contact our Nevada personal injury attorneys at Lach Injury Law to schedule a free case evaluation immediately.
