Negligence per se is a doctrine of law in Texas that describes the situation where one is considered negligent for breaching a statute designed to protect public safety, resulting in an injury to another. As opposed to general negligence, which would require proof of failure to act reasonably, negligence per se establishes liability by a statutory breach. According to Cornell Law School, this doctrine directly connects violations to the duty of care, making cases easier to handle. Negligence per se may occur, for example, when a driver runs a red light and causes a subsequent accident.
In Texas, this doctrine serves to grease the wheels in personal injury cases by setting forth a standard of conduct rather clearly. The plaintiff must establish that the statute violated was designed to prevent the type of harm they have suffered and that they are part of the class of people the law is intended to protect.
Common Examples of Negligence Per Se
Negligence per se will apply in any number of situations where a person's breach of a statute causes an injury. The most common examples include the following:
- Traffic Violations:
- Speeding, which precipitates the occurrence of a car accident.
- Running a stop sign or red light often leading to collisions.
- Driving under the influence of alcohol or drugs.
- Building Code Violations:
- Failure to install smoke detectors in rental properties.
- Using substandard materials that results in structural collapses.
- Health and Safety Law Violations:
- Operating a vehicle at night without safety equipment such as headlights.
- Breach of food safety and hygiene rules leading to the contraction of foodborne illness.
Each of these actions is a violation of laws put in place to ensure public safety and could serve as the root of a negligence per se action if an injury occurs. Justia indicates that a negligence per se action arises when a statute designed to assure safety is breached, causing injury directly, without requiring proof the defendant acted unreasonably.
How Negligence Can Be Proved?
To establish negligence in Texas, the plaintiff must prove four key elements:
- Duty of Care: The defendant had a duty to act, or not to act, so as not to cause harm to another person.
- Breach of Duty: The defendant breached this duty by either commission or omission.
- Causation: The defendant's breach served directly to cause the plaintiff's injury.
- Damages: There is actual harm or loss to the plaintiff.
In negligence per se cases, the first two elements are often satisfied by proof of the defendant's violation of a statute. For instance, a driver who is speeding and causes an accident may be held to have breached his duty. As NYU Journal of Legislation and Public Policy says, though the doctrine is rigid, yet it provides a certain standard of liability in personal injury actions.
To support their claim, plaintiffs can:
- Provide eyewitness accounts
- Use surveillance footage or accident reports
- Rely on expert testimony to draw a connecting link between actions by the defendant and an injury
Who Establishes a Case as Negligence Per Se?
In Texas, a victim can typically bring a negligence per se case against a defendant as a distinct claim. Otherwise, the victim may need to file a standard negligence cause of action in the civil court.
The courts establish negligence per se based on the analysis of a statute and the facts of the case. The judge will look at:
- The intent of the Statute: Whether the Legislation was Enacted to guard against injury of the same class suffered in this case.
- Applicability to the Plaintiff: The injured party is of the class of persons which the law is designed to protect.
- Connection with the Harm: Whether the injury occurred as a direct result of the statute being breached.
For example, if a pedestrian is hit by a drunk driver, the court may deem the case as negligence per se since DUI laws aim to prevent such incidents and protect pedestrians. HeinOnline highlights that this doctrine reinforces public safety by directly linking legal violations to liability.
How Does Negligence Per Se Affect the Burden of Proof?
The principle of negligence per se shifts part of the burden of proof in personal injury cases by presuming negligence upon proving a statutory violation. It means that a plaintiff is not required to establish that the defendant acted unreasonably—only that he violated a relevant law.
Nevertheless, the defendant may always rebut the presumption by presenting evidence:
- The Violation Was Excusable: For example, they ran a red light because of a medical emergency.
- Violation Was Not a Cause of the Harm: The injury occurred outside of the breach in legislation.
Negligence per se reduces the burden on the plaintiff's part in proving some elements of negligence, hence streamlining the proceedings by directly linking statutory violations to liability. It holds one responsible where the law violated is designed to prevent the harm suffered.
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ABOUT THE ATTORNEY
Aaron A. Herbert
Founding Attorney
Board Certified in Personal Injury Trial Law
Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.
Education
- Texas A&M University · B.S., Criminal Justice, 1999
- University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers