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- Arnold & Itkin LLP

What is Negligence Per Se in Texas?

For any personal injury claim to be successful, a person must prove that another party’s negligent actions caused their injuries. While negligence and negligence per se are similar, they have an important difference. To understand what negligence per se is, it’s important to understand the concept of negligence.

In simplest terms, negligence occurs when a party acts in a way that harms or injures another person. Negligence is defined by common law, or an unwritten legal obligation. This common law is referred to as a “standard of reasonable care.” In other words, negligence can occur even if a person didn’t explicitly break a law.

For example, imagine a scenario in which someone is loading a truck by throwing heavy objects into it, and they accidentally injure someone else while doing so. While there’s no law prohibiting a person from loading a truck this way, they still breached their common-sense obligation to protect the safety of the injured individual.

Negligence Vs. Negligence Per Se

Negligence per se occurs when a person is negligent while breaking a law designed to protect public safety. So, if a person runs a stop sign, collides with another car, and causes injuries to the occupants of the other car, they’ve committed negligence per se. This is because the law governing stop signs are designed to regulate the flow of traffic while protecting the wellbeing of all drivers on the road. Running a stop sign isn’t just negligent, it’s a clear instance of a party placing others at risk by breaking a law meant to protect them.

Why Does Negligence Per Se Matter for Personal Injury Cases?

If a person can prove negligence per se in a courtroom, it can strengthen their case. While negligence can be subjective, negligence per se is not. During a jury trial, jurors might be split about a negligence claim. However, it’s more difficult to deny negligence when a person harmed someone else while breaking the law. Showing negligence per se might even be enough for a party to offer a fair settlement without having to take a case to court.

Call Arnold & Itkin for Help with Your Negligence Per Se Case

If you’re suffering because of the negligence of another, it’s crucial to hire top-notch representation. A good attorney will look at the circumstances of your case and fight for the compensation you deserve and need for recovery. At Arnold & Itkin LLP, we’re proud to be these lawyers for each case that we work. We’re never satisfied with less than clients deserve, and we’ll fight to hold the people who caused your injuries accountable for their actions. Don’t just take our word for it, look here to see some of the cases that have helped us earn billions for our clients.

Call our team today at (888) 493-1629 for a free consultation of your case.

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