Jill Kolodner | February 13, 2025 | Personal Injury
Negligence is the main legal theory behind most personal injury claims. When you are injured by someone else’s negligence or careless behavior, they become liable for the damages they caused. Being successful with your personal injury claim means that you will have to successfully prove that negligence occurred.
Negligence and negligence per se might seem like interchangeable terms. However, the two terms describe separate and distinct legal theories, and there are big differences between the two when it comes to personal injury cases. Understanding these differences may determine whether or not you can prove your case and get compensation for your injuries.
What Is Negligence?
Negligence is one of the foundational concepts of personal injury law. By definition, negligence is the failure to use a reasonable standard of care and causing some injury or damage because of that conduct. At a more general level, negligence occurs when someone acts carelessly and injures someone else in the process.
The law typically recognizes four elements of negligence. Each of these elements must be proven in order to win a personal injury case based on negligence. The four elements of negligence are:
- Duty of care: A duty of care is a legal obligation imposed by law, morals, or customs to act in a reasonable manner under the current circumstances. Put in other words, a duty of care is the obligation to act as a reasonable person would in a similar situation. For instance, when you drive a vehicle on the road, you owe others a duty of care to operate your vehicle in a safe and responsible manner.
- Breach of duty: A breach of this duty occurs when someone fails to uphold the duty of care. If someone fails to act reasonably in a certain situation, then they have breached their duty of care. For example, if you are texting while driving and cause a car accident, you have breached the duty of care that you owe to other drivers on the road.
- Damages: Damages are the losses that are sustained because of the wrongdoer’s behavior. These losses may be financial in nature, or they may be more intangible, such as pain and suffering or emotional distress.
- Causation: This element requires that the damages suffered in the accident were the direct result of the wrongdoer’s behavior. This requires proving both direct and proximate cause. Causation is proved by showing that the injuries were both a foreseeable and direct consequence of the behavior in question.
If a victim can prove all four of these elements, they have a high chance of being successful with their personal injury claim.
What Is Negligence Per Se?
Negligence per se is a special type of negligence that hinges on a violation of the law. In these types of cases, negligence is assumed because the wrongdoer broke a law. When a law is in place to protect the public, the law assumes negligence when someone breaks that law. Some examples of behavior that may be considered negligence per se are:
- Speeding
- Texting while driving
- Driving under the influence
- Not following building codes
- Manufacturing products that do not meet safety standards
In these situations, the wrongdoer may face criminal implications in addition to civil penalties. The penalties associated with the criminal portion of these behaviors will vary depending on the specific law that was broken.
How Does The Burden of Proof Differ Between Negligence & Negligence Per Se?
Cases involving negligence per se are often easier to prove than cases involving pure negligence. In negligence cases, it must be proven that the wrongdoer’s conduct was unreasonable. However, the question of reasonableness does not need to be answered in cases involving negligence per se.
To prove a negligence per se case, you only need to show that the defendant broke the law and you were injured as a result. This can make negligence per se cases more straightforward, and you may have an easier path to getting compensated for your injuries. It is always a good idea to seek the help of an experienced personal injury attorney who can help you prove your case and get you the compensation you are owed.
Contact the Baltimore Personal Injury Law Firm of WGK Personal Injury Lawyers Today For Help
For more information contact the Baltimore personal injury law firm of WGK Personal Injury Lawyers to schedule a free initial consultation.
WGK Personal Injury Lawyers
14 W Madison St, Baltimore, MD 21201, United States
(410) 837-2144
WGK Personal Injury Lawyers – Dundalk Office
7329 Holabird Ave Suite 3, Dundalk, MD 21222
By appointment only
(410) 970-3080
