In Virginia, personal injury claims often revolve around proving negligence. One important legal concept in these cases is negligence per se. This term refers to situations where a defendant’s violation of a law or regulation automatically establishes their negligence if the law was designed to protect people like the plaintiff and prevent the type of harm that occurred. Understanding how this principle works can make a big difference in a personal injury claim.
Our Virginia personal injury attorney at Johnson Injury Firm help clients in Richmond and across Virginia understand their rights and pursue compensation when another person’s carelessness leads to injuries.
How Does Negligence Per Se Work?
Negligence per se simplifies the process of proving fault in a personal injury case. Normally, a plaintiff must show four key elements:
- The defendant owed them a duty of care.
- The defendant breached that duty.
- The breach caused the plaintiff’s injury.
- The plaintiff suffered damages.
In cases involving negligence per se, the breach of duty is automatically established if the defendant broke a law that was:
- Designed to protect the public, such as traffic or safety laws.
- Intended to prevent the type of harm that the plaintiff suffered.
- Relevant to the plaintiff’s situation, meaning the injured person was within the group of people the law was meant to protect.
For example, Virginia law prohibits driving under the influence (DUI). If a drunk driver causes an accident, their violation of the DUI law can serve as evidence of negligence per se.
When Is Negligence Per Se Applicable?
To apply negligence per se to a case, the following conditions must be met:
- Law Violation: The defendant violated a law or regulation.
- Intent of the Law: The law was created to protect people from harm or injury.
- Causation: The violation directly caused the injury.
- Protected Class: The injured person was part of the group the law intended to protect.
Examples of Negligence Per Se in Virginia
Here are some common scenarios where negligence per se might apply in Virginia personal injury cases:
Traffic Violations
Running a red light, speeding, or failing to yield the right of way are all examples of traffic violations that can lead to serious accidents, such as collisions at intersections or pedestrian injuries.
When a driver breaks these laws and causes harm, their actions may be considered negligence per se, as they have violated established safety standards designed to protect others on the road.
Building Code Violations
Property owners must follow building safety codes to ensure their premises are safe for visitors and tenants. For example, failing to install proper handrails, maintain sturdy staircases, or fix hazardous conditions like loose flooring could lead to slips, trips, and falls.
If someone is injured due to these violations, the property owner’s failure to comply with safety codes could serve as evidence of negligence per se in a personal injury claim.
Health and Safety Laws
Businesses are required to adhere to health and safety regulations, especially in industries like food service or manufacturing. For instance, failing to follow food safety standards, such as maintaining proper storage temperatures or preventing cross-contamination, could result in customers suffering from foodborne illnesses.
In these cases, the business’s violation of these laws could establish negligence per se, as these regulations are in place to protect public health.
Negligence per se can strengthen a personal injury claim, but it’s important to work with experienced accident lawyers in Richmond, VA, to build a strong case.
Proving Damages in a Negligence Per Se Case
While negligence per se helps establish fault, the plaintiff must still prove that the defendant’s actions caused their injuries and resulted in damages. Common types of damages include:
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of consortium
- Property damage
- Rehabilitation costs
- Disfigurement
- Loss of enjoyment of life
Your attorney can help gather evidence, such as medical records, witness statements, and expert testimony, to prove the full extent of your losses.
How Does Negligence Per Se Benefit Your Case?
Negligence per se simplifies the process of proving fault. Instead of arguing whether the defendant acted reasonably, the focus shifts to whether they broke a safety rule or regulation. This often strengthens the injured party’s case, making securing compensation for medical bills, lost wages, and pain and suffering easier.
Our experienced Virginia personal injury attorney is dedicated to building strong client cases. By leveraging legal principles like negligence per se, we aim to achieve the best outcomes possible for those injured due to someone else’s misconduct.
Examples of Negligence Per Se
- A driver speeding through a school zone hits a pedestrian.
- A landlord ignores fire safety codes, injuring a tenant during a fire.
- A company violates environmental laws, causing harm to local residents.
In these situations, the law-breaking behavior makes it easier to hold the responsible party accountable. If you’ve experienced a similar situation, our Virginia negligence lawyer is here to guide you.
Why Legal Guidance Matters in Negligence Per Se Cases
Negligence per se can simplify the process of proving fault, but the legal system in Virginia is complex, especially with contributory negligence rules. Even a small misstep could jeopardize your claim. That’s why it’s crucial to work with an experienced injury lawyer in VA.
At Johnson Injury Firm, we have extensive experience handling personal injury cases involving negligence per se. Whether your injuries are a result of a car accident, unsafe premises, or another act of negligence, our personal injury lawyers near me is here to help you seek justice.
Contact Our Virginia Personal Injury Attorney Today
If you’ve been injured due to someone else’s negligence, you don’t have to face the legal process alone. Let the team at Johnson Injury Firm guide you through your case and fight for the compensation you deserve.
Contact us today to schedule a free consultation with our dedicated Virginia personal injury attorney. We proudly serve clients in Richmond and throughout Virginia.
