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What Is the Difference Between Negligence and Negligence Per Se?

by The Beasley Firm  |  February 22, 2023  |  

What You Need to Know About Proving Liability in Pennsylvania

If you are injured because of another person’s wrongdoing, you will need to prove that they were liable or legally responsible for your harm. There are two basic legal theories that you can use to prove liability in most personal injury cases: negligence or negligence per se. The best way to determine which legal theory applies to your case is by consulting with an attorney.

At The Beasley Firm, we represent individuals who have been seriously injured or lost a loved one due to someone else’s misconduct. Our lawyers have extensive experience holding liable parties responsible for their wrongdoing. If you were injured in an accident, contact our office at (215) 866-2424 to schedule a free consultation. 

What Is Negligence?

Negligence is a legal theory used to hold someone liable for failing to act as a reasonable person would in the same or similar circumstances. It is based on the breach of a standard of care or duty owed to the injured party. 

How Do I Prove Negligence?

Depending on the situation, proving that a person or company was negligent can be complicated. It is always in your best interest to consult with a personal injury attorney to determine all of your legal options.

In order to prove negligence you need to show:

  • The alleged liable party owed a duty of care to the injured person;
  • The liable party breached that duty of care;
  • The breach of duty was the proximate cause of the person’s injuries; and
  • There were actual damages (injuries).

If another person causes you harm, you might be able to file a lawsuit based on negligence. However, you will have to prove your case. An attorney can walk you through the legal process and help determine whether you have a valid cause of action. 

What Is Negligence Per Se?

If the person who caused you harm violated a law and the violation of that law was what caused your injury then you might have a valid claim for negligence per se. In cases based on negligence per se, the liable party’s negligence is presumed since it was a violation of a law or statute.

Examples of negligence per se:

  • Drunk driving accidents
  • Building code violations
  • Running a red light
  • Violation of federal law
  • Failing to yield to pedestrians

As with any negligence claim, proving liability in negligence per se cases can be difficult without the help of an attorney. An attorney can assess your claim and determine which legal theory applies to your case.

Contact Our Office to Learn More

If you or someone you know has been injured in an accident, contact our office at (215) 866-2424 to schedule a free consultation. All personal injury case evaluations are provided without obligation to retain our services.

At The Beasley Firm, we have recovered over $2 billion in verdicts and settlements for our clients in Philadelphia and across the country. Our lawyers are well-versed in handling complex litigation and will help you get the results you deserve. Call now to get started.

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