Negligence Per Se Defenses

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Negligence Per Se Defenses

Negligence per se is a violation of a public duty enacted by law. The statute was enacted to protect a particular class of people from a specific type of harm or injury. General negligence requires the plaintiff to prove the defendant was at fault for the injury. According to negligence per se, the burden of proving negligence is not required. Instead, the plaintiff must prove:

Are There Any Defenses to Negligence Per Se?

Negligence per se is similar to strict liability personal injury cases because it is based on a violation of law, not reasonable person standard. There are a number of defenses available in a negligence per se lawsuit, including:

Can I Use an Affirmative Defense in a Negligence Per Se Case?

Yes, in some negligence per se defenses cases, a defendant can use an affirmative defense, such as:

Should I Discuss Negligence Per Se Defenses with an Attorney?

Yes, a personal injury attorney can explain the defenses available for you to use. They can also defend you in a negligence per se lawsuit.

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Last Modified: 07-06-2015 03:10 PM PDT

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