Definition
Negligence per se is a doctrine under which a violation of a statute or regulation satisfies the negligence element of a civil claim when the plaintiff is in the class of persons the law was designed to protect and the injury is of the type the law was designed to prevent.
In California Personal Injury Cases
Common negligence per se sources in California personal injury cases: California Vehicle Code violations (speeding, running red lights, following too closely), Cal/OSHA safety violations in workplace accidents, FMCSA regulatory violations in truck accidents, and building code violations in premises liability cases. When a statutory violation establishes negligence per se, the plaintiff does not need to separately prove the defendant's conduct was unreasonable.
California Law Context
California personal injury law applies this concept within the framework of pure comparative fault (Li v. Yellow Cab Co., 1975), the two-year statute of limitations (CCP Section 335.1), uncapped damages for non-malpractice injuries, MICRA for medical malpractice, the Government Claims Act for government entity defendants, and the full spectrum of California personal injury legal standards across vehicle accidents, premises liability, product liability, workplace accidents, and wrongful death.
Frequently Asked Questions
What is Negligence Per Se in California personal injury law?
Negligence per se is a doctrine under which a violation of a statute or regulation satisfies the negligence element of a civil claim when the plaintiff is in the class of persons the law was designed to protect and the injury is of the type the law was designed to prevent.
How does Negligence Per Se affect a California personal injury claim?
Common negligence per se sources in California personal injury cases: California Vehicle Code violations (speeding, running red lights, following too closely), Cal/OSHA safety violations in workplace accidents, FMCSA regulatory violations in truck accidents, and building code violations in premises liability cases. When a statutory violation establishes negligence per se, the plaintiff does not need to separately prove the defendant's conduct was unreasonable.
How does this concept apply differently across the major personal injury categories in California?
Negligence Per Se applies with some variation across California personal injury categories. In vehicle accident cases, it operates within the negligence and negligence per se framework governed by the California Vehicle Code. In premises liability, it interacts with the Rowland v. Christian duty of care standard. In product liability, it applies within Greenman v. Yuba Power Products strict liability. In medical malpractice, it must be evaluated alongside MICRA's specific rules for the medical professional context. Understanding how Negligence Per Se applies to your specific injury category is essential to evaluating your California personal injury claim.