Full Video Transcript
In general, negligent conduct is conduct that falls below the standard of care we expect of people. Unlike a simple accident, when someone acts negligently and thereby causes injury to another person, the injured person may be able to recover damages as a result…. precisely because as a society we expect people to act more carefully. But proving what behavior is "careful enough" is typically the stuff of lawsuits….
Negligence "per se" on the other hand.. is basically conduct that is automatically considered to be below the standard of care because it violates some law about the issue.
Now, keep in mind… a plaintiff may claim negligence per se even if the defendant has not been convicted in a criminal court of violating the law in question….Though, the plaintiff must prove in the civil case that the defendant violated the law. Even a plea of nolo contendere, or no contest, may suffice to prove negligence per se in a civil suit.
For more information about an accident and proving negligence, contact an attorney in your area today.