negligence per se

Negligence per se is a legal concept which states that if a defendant violates a statute or regulation without an excuse, they are automatically considered to have breached their duty of care and be negligent as a matter of law.

According to Restatement (Third) of Torts §14, an actor is considered negligent per se if the statute was designed to protect against the type of accident or harm caused by their conduct, and the plaintiff is someone the statute was meant to protect. In some cases, an actor’s violation may be excused - such as when they exercised reasonable care in attempting to comply with the statute - according to Restatement (Third) of Torts §15.

The most common application for negligence per se is in traffic violations, where the driver is automatically considered negligent for violating the traffic code.

Negligence in the Law of Torts

The law of torts is a branch of civil law which deals with personal injury, property damage and other losses suffered by individuals as a result of another person's wrongful conduct. Negligence is one of the most common tortious wrongs encountered in this area. It occurs when an individual fails to exercise reasonable care or skill towards others, resulting in harm or loss.

Generally speaking, negligence involves four key elements:

duty: Duty refers to the obligation that one party has to take reasonable steps to prevent foreseeable harm or damage from occurring to another party

breach: Breach occurs when an individual breaches their duty either through action (positive act) or inaction (omission).

causation: Causation refers to the question of whether the breach caused or materially contributed to the harm suffered.

damages: damages refer to any losses that have occurred as a result of the breach, such as physical injury, financial loss and emotional distress

In order for negligence claims to succeed in court, plaintiffs must prove all four elements on a balance of probabilities. This means that they must demonstrate that it was more likely than not that their injuries were caused by another person's negligent act or omission.

If these elements are established successfully then compensation may be awarded for any losses incurred as a result of this negligence. Negligence is particularly relevant in cases involving medical professionals where patients suffer harm due to an error or mistake during treatment or diagnosis.

In such cases, the patient must prove that the medical professional owed them a duty of care and that this duty was breached by failing to exercise reasonable skill or care in providing treatment or diagnosis. Negligence is also relevant in product liability cases where individuals suffer harm due to a defective product. Here, plaintiffs must prove that a manufacturer or supplier had an obligation to ensure their products were safe for use and failed to do so resulting in injury or damage.

Overall, negligence plays an important role in tort law as it allows individuals who have suffered loss due to another person's careless behaviour seek compensation through the civil court system. It provides victims with access to justice and ensures that those responsible are held accountable for their actions.