Law

Is there a difference between negligence and negligence per se?

Has someone else’s behavior or negligence caused you harm? A personal injury claim or lawsuit may enable you to obtain financial compensation for your medical expenses and other damages. To establish your claim for compensation, you must, however, demonstrate carelessness.

There is more than one way to be negligent. Negligence can have two forms: general and specific.

These expressions are not equivalent. You can better comprehend the nature of your case by knowing the distinction between negligence and negligence in general.

Often, the easiest approach to demonstrate negligence or negligence per se, in general, is to hire an Atlanta crime victim lawyer. In order to gather proof and pinpoint responsible parties, your personal injury lawyer will look into your accident. To ascertain if the defendant was inherently negligent, they will look at the defendant’s acts.

Describe negligence.

The four components of negligence are duty, breach, causation, and damages.

To demonstrate neglect, you must be able to:

  • You bore a duty of care to another party.
  • The party violated their obligation
  • Your injuries resulted from the breach.
  • You sustained losses.

A duty is an obligation under the law that results from tradition or law. For instance, it is a legal requirement that property owners, business owners, and other related parties keep their properties secure for visitors and invited guests.

To remove potential accident dangers, they must take appropriate action. Drivers also owe it to other road users to follow the rules of the road and operate their vehicles safely.

Simply put, the components of breach and causation — failing to exercise “reasonable care” – implicate negligence as long as the injury to another person results from the breach. What is meant by the term “reasonable care” is the minimal level of caution that a regular person would use in a certain circumstance.

What Constitutes  Negligence Per Se?

In many situations, showing carelessness as a whole can be simpler than proving negligence in general. When someone violates a statute intended to safeguard a certain class of people from a particular form of harm, it constitutes negligence per se.

A person has violated their duty of care and is automatically negligent if they break such legislation.

At trial, there would be no requirement to establish negligence. You only need to demonstrate that their carelessness resulted in your damages and injuries.

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