Negligence per se

Posted By on Jan 24, 2016 |


In the most common cases of negligence a person who suffered some injuries has to prove negligence. He will have to prove that person who provided medical care breached the standard protocol and the result was injury or damage of the patient. More info right here can help patient with proveing Standard of care represents situations in which the doctor acts reasonably in order to avoid further complications and injuries. In number of states when a person violates the safety protocol, regulation that results with someone’s else injury an inference of negligence can be filed.

iStock_000054447972_Small-300x199The practice that allows this conclusion is “negligence per se” for the victim will be much easier to receive the damage. The key point in this type of case is that jury doesn’t have to consider whether some act is done out of reasonable actions or not. If a defendant violates certain regulation, statute or rule his actions are assumed to be unreasonable. The jury will have to decide if defendant violated the statute and created an accident, but the standard care is taken for granted.

In most states that have incorporated the practice of “negligence per se” the plaintiff will have to prove that defendant breached the law or regulation approved for safety reasons – the plaintiff must belong to the class which regulations and law is intended to protect and that violation brought an injury or damage to the plaintiff.

Wooden Gavelhe law must be made in that order to guard the class to which plaintiff belongs. When a person is convicted for a crime, like drunk driving, gathered evidence have to be applicable read more. In that case it will be easier to prove a crime and “negligence per se”.

These rules can be applied only if they have a goal to protect the class to which the plaintiff belongs or if it protects him from with some harm or injury. 

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