Negligence per se is a term used in legal analysis of negligence describing a situation where a defendant has breached his or her duty to a plaintiff by violating a law or statute. The law violated and the harm caused by the defendant's negligent must coincide with regard to the type of harm and the class of people the law was designed to protect. For example, if A rear-ended you while he was talking on the phone and the state this accident occurred bans talking on the phone while driving, A is presumed to have breached his duty automatically because he violated the law, which was designed to protect other drivers and reduce the risk of accidents on roads. In this case, A's violation of the law is related to his negligent conduct of rear-ending you. You are the type of class protected by the law and the rear-ending is the type of harm the law deals with. Therefore, A is presumed to have breached his duty to B. This doesn't necessarily conclude A is liable to you because the tort analysis goes a lot further. That's where car accident attorneys come in and help you.

peterparklaw wrote

What is negligence per se?
Negligence per se is a term used in legal analysis of negligence describing a situation where a defendant has breached his or her duty to a plaintiff by violating a law or statute. The law violated and the harm caused by the defendant's negligent must coincide with regard to the type of harm and the class of people the law was designed to protect. For example, if A rear-ended you while he was talking on the phone and the state this accident occurred bans talking on the phone while driving, A is presumed to have breached his duty automatically because he violated the law, which was designed to protect other drivers and reduce the risk of accidents on roads. In this case, A's violation of the law is related to his negligent conduct of rear-ending you. You are the type of class protected by the law and the rear-ending is the type of harm the law deals with. Therefore, A is presumed to have breached his duty to B. This doesn't necessarily conclude A is liable to you because the tort analysis goes a lot further. That's where car accident attorneys come in and help you.

Thanks for describing negligence when it comes to an automobile accident. It sounds like there might have to be a lot of witnesses to in order to prove negligence. I would think that if you think that you have been in a negligent accident that you should contact a car or motorcycle accident attorney in your area to see what you can do.

The legal definition of Negligence was first seen in English law with the case of Donoghue vs Stevenson. Negligence is described as an act or omission which results in damage to the claimant.

New York Car Accident Lawyers

How could I know about it?

They're not suing, they're just representing the person involved and presenting the claim. The attorney is the only person with whom the claim can be discussed on behalf of that person. He gathers all the medical documentation, presents it to the insurance company, negotiates and settles the claim, gets the check, takes 1/3 of it, pays the rest to the doctors and his client and then he's done. If there is a suit he does more, but it doesn't sound like it's in litigation.

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Injury Attorney

In general, an insurer might make an offer to settle before filing a lawsuit. If a person agrees and pays, they need to get a full release of liability (saying that they are no longer liable for anything further after they pay) from the insurer.


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Injury Attorney

Most of the negligence cases have been seen in medical profession.Medical malpractice occurs when a negligent act by a doctor or a medical professional results in damage or harm to a patient. Negligence by a medical professional could include a delayed diagnosis of a serious medical condition, a misdiagnosis of diseases, even a surgical error or an injury to a patient.



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Medical malpractice attorneys

This is an unfair thing.

does it matter anymore?