What Is Negligence Per Se in Georgia?

In Georgia, negligence per se is a legal doctrine that establishes negligence automatically when the at-fault party violates a law or regulation designed to protect public safety. Negligence per se can make it easier for the injured party to prove a claim and recover compensation.

Understanding how negligence per se works, how it differs from traditional negligence, and the legal help you have available can be crucial to the success of your personal injury claim. To discuss the specifics of your case in a free consultation, contact R. Alan Cleveland, LLC, now.

How Does Negligence Per Se Differ from Traditional Negligence?

Negligence per se and traditional negligence may be related, but they differ significantly. Traditional negligence requires proving that someone’s actions or inaction caused you harm, while negligence per se automatically proves their negligence based on their violation of a law or regulation.

In other words, negligence per se can allow the injured party to bypass some of the more time-consuming elements of proving traditional negligence in a personal injury case.

Traditional Negligence in Georgia

To recover compensation under Georgia personal injury law, you must prove that the at-fault party’s negligence caused you harm. When proving an ordinary negligence claim, you must establish four elements:

1. Duty of care – You must show that the at-fault party had a legal duty to avoid harming you. For example, a business owner owes their customers a duty of reasonable care to warn them of a wet floor.
2. Breach – After establishing that the at-fault party owed you a duty of care, you must then show that they breached that duty. When a business owner fails to place a Wet Floor sign on a freshly-mopped floor, that may constitute a breach.
3. Causation – You must then show that the at-fault party’s breach caused your injury. Proof can include medical records linking your injury to the accident or surveillance footage of the accident.
4. Damages – Once you have established causation, you must then show the extent of the physical, emotional, and financial losses the at-fault party caused so the court can award appropriate damages.

The ‘Reasonable Person’ Standard

When proving a breach of duty, Georgia law follows a “reasonable person” standard. The standard asks whether an average, reasonable person would have acted the same way as the at-fault party under the same or similar circumstances.

For example, if the at-fault party pulled out into traffic without looking, courts would likely find that a reasonable person would not act similarly in the same situation, and it would constitute a breach. The injured party has the burden of proving that the at-fault party caused them harm.

Negligence Per Se in Georgia

Negligence per se is a legal theory that modifies the traditional negligence framework by automatically establishing a duty of care and breach when the at-fault party violates a law designed to protect people. It can benefit the injured party by avoiding the need for a detailed “reasonable person” analysis, therefore speeding up the process of proving negligence.

What Are Some Common Examples of Negligence Per Se in Georgia?

The most common cases in which negligence per se may apply involve traffic law or workplace safety violations.

Traffic Law Violations

Traffic laws are designed to protect the public, so violating them often constitutes a breach of duty. Examples include:

• Running red lights
• Driving under the influence of alcohol or drugs
• Failure to yield the right of way
• Speeding
• Following too closely

Workplace Safety Violations

Employers must follow strict safety regulations to protect their workers. Injured workers may use violations to prove negligence per se. Examples include:

• OSHA violations
• Failure to provide required safety equipment
• Unsafe working conditions

Does Negligence Per Se Provide Any Advantages for My Georgia Personal Injury Case?

Yes. A negligence per se case can give you a stronger starting point in a personal injury claim. Instead of arguing over whether the defendant acted reasonably, you can point directly to a law they broke. The approach saves time and allows you and your attorney to focus on how the violation caused your injuries and how your injuries have impacted your daily life and finances.

Will I Still Need to Prove My Damages in a Negligence Per Se Claim?

Yes. Negligence per se can establish duty of care and breach automatically, but you must still prove causation and damages. That means connecting the breach of duty to your injuries and showing the harm and losses they have caused.

To prove causation and damages, your personal injury attorney will likely seek:

• Medical records documenting your injuries and treatment
• Incident or police reports linking your injuries directly to the accident
• Photos and videos depicting the accident scene
• Pay stubs or employment records proving lost wages
• Receipts or invoices showing medical expenses and property damage
• Expert analysis for future medical costs or disability assessments

How Can a Georgia Personal Injury Lawyer Help Me with My Negligence Case?

Negligence per se can speed up the personal injury claim process, but proving it without seasoned legal counsel can be challenging. Our attorneys can help by:

• Identifying statutory violations – Our attorneys can investigate the accident to determine whether the at-fault party violated any laws that may constitute a negligence per se claim.
• Gathering evidence – Whether you need to prove all four elements of negligence or just causation and damages, our team can collect the available evidence to build a compelling case.
• Working with experts – Medical, financial, and accident reconstruction experts can help strengthen the link between the violation and your injuries, and lend credibility to your claim.
• Negotiating and litigating – We can advocate aggressively for a fair settlement, whether at the negotiating table or in the courtroom, if necessary.

Is There a Time Limit for Filing a Personal Injury Claim in Georgia?

Yes. Georgia law allows injured parties two years to file a personal injury lawsuit. The period begins from the date of your injury. Failing to file before the deadline can prevent you from recovering damages, so it is critical to act quickly and contact our attorneys.

Contact a Georgia Personal Injury Lawyer Near You

If you have suffered injuries due to somebody else’s negligence, the team at R. Alan Cleveland, LLC, can help. We have recovered over $150 million in settlements and verdicts for our clients, and we are ready to fight for the compensation you deserve.

Contact us today for your free consultation.