Negligence Per Se

What is Negligence Per Se?

Negligence due to the violation of a law, such as for speeding, reckless driving or a building code violation. When such a violation results in a conviction, and the violation is directly tied to the plaintiff's sustaining of injuries in the accident, the plaintiff does not have to prove negligence -- it is recognized by operation of law due to the proof of the statutory violation.

Further Reading

For more detailed information, see our related Torts terms:

• Breach of Duty
• Loss of Earning Capacity
• Auto Accident
• Waiver as a Defense

Reviewed by

Stephanie Bagnall

Licensed Attorney and Legal Researcher

Stephanie Bagnall is a Georgia-licensed attorney and legal researcher with experience in accessibility law, compliance, employment law, and legal writing. She helps develop and review BarPrepHero's Legal Terms content for clarity, accuracy, and usefulness to bar exam students.

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