Violation of a Statute - Neglence

Liability is imposed on a defendant when a statute is violated. This is commonly referred to as negligence per se. the requirements include: the failure of a person to exercise due care is presumed when a statute or ordinance is violated, the violation caused the injury, the injured was one in which the statute was designed to prevent, and the person was part of the class the statute was mandated to protect. However, a plaintiff cannot bring negligence per se action and a negligence action for the same injury. Additionally, negligence per se allows a more simple avenue for a plaintiff to bring a claim.

The available defenses for a Negligence claim include (1) Comparative Negligence, which is Plaintiffs duty to exercise reasonable care under circumstances, and (2) Assumption of Risk- Not applied often, usually a defense when Plaintiff clearly aware of risk.

We Will Get You The Money You Deserve!

Choose an Experienced Personal Injury Lawyer

If you, a family member or friend has suffered a personal injury because of the neglect of another, contact us immediately to discuss your case.  We will guide you throughout the legal process and get you the money you deserve -- using all the skills from our years of personal injury law practice.  Give us a call today for a Free Consultation. We are on your side. We will help you.