Difference Between Negligence And Negligence Per Se?

Have you been injured as a result of an accident in New York City? Do you think that it could have been avoided? This experience may leave you with numerous obstacles, including expensive medical bills and lost wages, among others.

What is Negligence?

In the context of personal injury cases, negligence refers to the unreasonable carelessness of one or more parties that results in the injury of another.

For example, premises liability laws require property owners and managers to maintain a reasonably safe environment for their guests. This is illustrated by a supermarket. The proprietor and employees of a supermarket must be vigilant for items that have fallen to the ground. When customers trip over these hazards, they may sustain slip-and-fall injuries. Therefore, they must be identified and eradicated in a timely manner.

Perhaps you were injured because you tripped over a grocery store item. Was the store owner negligent in such a way that you have grounds to file a claim or lawsuit?

Potentially. You must be aware that recovering compensation after being injured is not always possible. In this situation, you would need to collect evidence demonstrating that the object you tripped over had fallen long before your accident and should have been promptly removed. If you tripped over an object a moment after it fell to the ground, you could not claim negligence caused your accident.

This is one of the many reasons why it is advisable to consult a lawyer if you are unsure whether to pursue legal action after being injured. They can inform you if it appears that negligence contributed to your accident. In addition, they can assist you in gathering evidence to prove negligence.

What is Negligence Per Se?

Without conducting a thorough investigation, proving you were injured due to someone’s negligence can be challenging. Conversely, proving negligence per se in a personal injury case is typically much simpler.

In the preceding scenario, it is subjective whether a supermarket owner is negligent when a customer trips over an item on the floor. There are no official laws in New York that specify how long a property owner or manager has to identify and eliminate a trip hazard.

In order to prove negligence per se, actual laws and regulations must be cited to demonstrate that a victim is entitled to compensation. The concept of negligence per se states that it is presumed that a person who caused an accident was negligent if they were breaking the law at the time of the accident. Importantly, the law must ensure the safety of others.

For instance, you may have been injured in a truck accident. Perhaps you were not speeding at the time of the collision, while the truck driver was. In this instance, the truck driver’s speeding may be sufficient evidence to prove negligence. They violated traffic regulations intended to protect others on the road.

You will still need the assistance of an attorney in a case that may involve negligence per se. Even if the responsible party was breaking the law when your accident occurred, having a lawyer on your side will increase your chances of recovering fair compensation. It is simply beneficial to understand the distinction between these two types of negligence.

Contact Our Personal Injury Law Firm

Contact Abrams Law Group for a free consultation if you’ve been hurt in an accident and require legal assistance.

Abrams Law Group
104-70 Queens Boulevard, Suite 502
Forest Hills, NY 11375
(718) 997-9797

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