What is "negligence per se"?

Negligence per se refers to a situation where an act is considered negligent simply because it violates a statute or regulation. This legal concept is based on the idea that when a person breaks a law designed to protect public safety, that violation itself constitutes negligence without the need to demonstrate that the person acted unreasonably or failed to meet a standard of care.

In this context, if an individual engages in conduct that is explicitly prohibited by a statute (such as failing to stop at a red light), this behavior can be classified as negligence per se. Therefore, the plaintiff does not need to prove that the defendant acted negligently in a traditional sense; the mere fact that the law was broken is sufficient to establish the negligence.

Understanding this principle is crucial because it streamlines some aspects of proving cases in civil litigation related to negligence. Rather than having to show that a defendant's behavior was unreasonable, a plaintiff can simply point to the violation of the statute to meet the burden of proof for negligence.

This contrasts with other options, which do not accurately capture the nature of negligence per se. For instance, negligence does not necessarily require intent; it can occur without a person's intention to cause harm. Additionally, while there may be defenses against negligence claims, negligence