Negligence per se is a legal concept used in Florida cases to determine if a defendant is liable for damages resulting from a statute or ordinance violation. This is an essential concept for personal injury cases, as it helps to determine if the defendant is liable for the plaintiff’s damages.
What is Negligence Per Se?
Negligence per se is a legal doctrine that holds a defendant liable for damages resulting from a statute or ordinance violation. This doctrine is based on the idea that if a defendant violates a law, they should be held responsible for any damages that result from that violation.
How is Negligence Per Se Used in Florida Cases?
In Florida, negligence per se is used to determine if a defendant is liable for damages resulting from a law or ordinance violation. To establish negligence per se, the plaintiff must prove that:
The defendant violated a law or ordinance.
The breach caused the plaintiff’s damages.
The plaintiff was a member of the class of people the law or ordinance was designed to protect.
If the plaintiff can prove these three elements, then the defendant will be found liable for the plaintiff’s damages.
Examples of Negligence Per Se in Florida Cases
Negligence per se is commonly used in Florida personal injury cases. For example, if a driver is speeding and causes an accident that results in the injury of another person, then the driver may be liable for the other person’s damages. The driver violated the law by speeding, which caused the other person’s injuries.
Another example of negligence per se is if a property owner fails to maintain their property in a safe condition and a person is injured as a result. In this case, the property owner may be liable for the person’s injuries because they violated a statute or ordinance by failing to maintain their property safely.
How Can Canan Law Help?
If you have been injured due to another person’s negligence, you may be able to recover compensation for your damages. At Canan Law, our experienced team of personal injury attorneys can help you understand your legal rights and options. We can help you determine if negligence per se applies to your case, and we can help you fight for the compensation you deserve. Contact us at (904) 849-2266 today to learn more about how we can help.