The Basics of Negligence Per Se

The Basics of Negligence Per Se

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In personal injury law, there are a amount of types of negligence that one can enounce against a party that has caused an injury. One of those types is negligence per se. Negligence per se is negligence that is due to the violation or avoidance of a group duty that has been codified in law and defines exactly what happens when there is a failure of care that constitutes negligence.     What I said. It is not the actual final outcome that the true about Cincinnati Accident Attorney. You read this article for info on a person wish to know is Cincinnati Accident Attorney. Cincinnati Accident Attorney One of the most basic types of negligence per se actions is the speeding driver complex in a car accident. The rules of the road typically specify that exceeding a obvious rate of speed is legally negligent in that area. If an individual is complex in an accident after driving at a speed that falls into the "legally negligent" range, he or she can be found negligent based on the fact that the driver was driving at a speed in the "legally negligent" range. It does not matter whether the driver signaled every lane turn and had all working lights. By virtue of driving at a exact speed, the driver was negligent. an additional one example of negligence per se is when an individual does something or "forgets" or omits to do something that is so beyond the reasonable behavior standards that it is clearly negligent on its face.   There are a amount of actions or acts that are inherently negligent. In these cases, there is no requirement to prove that the negligence was known or intended. It is merely because it exists. An example in this vein would be when a physician leaves a sponge inside of a sick person while surgery. It is the doctor's duty and responsibility to remove all surgical tools from the body cavity while surgery. By leaving a surgical instrument in the body, the physician obviously breached his duty.   When negligence per se is alleged, it is still possible for the defendant to raise an affirmative defense. These affirmative defenses comprise comparative negligence and contributory negligence. Other defenses may be included as well. These defenses seek to shift some or all of the blame from the defendant to the plaintiff for the injuries that were sustained.   In order to prove negligence per se, the plaintiff at trial must be able to show that the defendant violated a pertinent statute or regulation; the statute is a safety statute and not some other sort; the act caused an injury or injuries that the statute is designed to prevent; and that the plaintiff was within the "zone of risk."   I hope you have new knowledge about Cincinnati Accident Attorney. Where you may offer used in your life. And above all, your reaction is passed. Read more.. The Basics of Negligence Per Se.