near me
“Negligence Per Se” In California Personal Injury Cases

“NEGLIGENCE PER SE” IN CALIFORNIA PERSONAL INJURY CASES

Negligence per se is a legal principle; it states that a person is presumed to have acted in a legally negligent manner if they violate a law and injure someone who was intended to be protected by that same law. The principle of negligence per se generally arises in personal injury and wrongful death cases.

Here are five important points you need to understand:

  • Evidence Code 669 is the California statute that outlines the doctrine of negligence per se.
  • Negligence per se is a presumption that can be challenged or countered by the defendant once it is established.
  • Defendants can rebut this presumption by demonstrating that their violation of the statute was reasonable given the circumstances.
  • Negligence per se is frequently invoked in car accident cases involving violations of traffic laws.
  • Res ipsa loquitur is a similar but distinct legal doctrine that establishes negligence using circumstantial evidence.

What are The Four Elements of Negligence Per Se

To establish a claim of negligence per se in California, the plaintiff must demonstrate the following elements:

  • Violation of a Safety Statute: The defendant must have violated a statute or regulation that was enacted to ensure safety.
  • Causation of Injury: The plaintiff must show that the defendant’s violation of the statute directly caused the plaintiff’s injury.
  • Harm within the Scope of the Statute: The plaintiff must demonstrate that the harm suffered is the type of harm the statute was designed to prevent.
  • Membership in the Protected Class: The plaintiff must be a member of the class of individuals that the statute intended to protect.

While the first two elements are typically determined by a jury based on the factual evidence presented, the judge decides the last two elements as a matter of law.

In a negligence case, establishing the standard of care of the wrongdoer is a crucial element. This refers to the level of care that a reasonable person would take to prevent injury to others. When the doctrine of negligence per se is applied, it means that the court recognizes the conduct described in a statute as the standard of care for a reasonable person in those specific circumstances. For instance, if one of the drivers involved in a car accident was found to be driving under the influence of drugs or alcohol, it could be considered negligence per se.

See also  HOW TO GET LICENSE BACK AFTER DUI IN CALIFORNIA [UPDATED 2024]

By applying negligence per se, the court accepts the violation of a relevant statute as evidence of the defendant’s failure to meet the required standard of care. This allows for a more straightforward determination of liability in certain cases where a specific statute or regulation was violated, such as laws related to impaired driving.

What is an Example of Negligence Per Se?

An example of negligence per se can be seen in the context of a car accident where one of the drivers involved is driving under the influence of drugs or alcohol. In many jurisdictions, driving under the influence is a violation of laws specifically enacted to ensure public safety and prevent accidents. Violation of these laws establishes a breach of the duty of care owed to other drivers and pedestrians on the road. As a result, if an accident occurs due to the impaired driver’s actions, they may be held liable under the doctrine of negligence per se.

Please note that this is just one example, and there may be various other instances where negligence per se can apply depending on the specific laws and regulations of a jurisdiction and the circumstances of each case.

Negligence Per Se Is A Rebuttable Presumption

According to Evidence Code Section 669, the presumption of negligence can be countered by presenting evidence that demonstrates any of the following:

  • The defendant’s violation of the law was reasonable considering the circumstances.
  • The defendant was a child and acted with the same level of care as a person of similar age in similar circumstances.
  • The violation was reasonable given the defendant’s disability.
  • The defendant made reasonable efforts to comply with the law.
  • Compliance with the law would have posed a greater risk of harm than noncompliance.
  • The defendant was facing an emergency that was not caused by their own misconduct.
See also  CALIFORNIA VEHICLE CODE § 22349 B VC – SPEEDING ON TWO-LANE UNDIVIDED HIGHWAYS

What Are The Defenses in Negligence Per Se Cases?

In addition to countering a presumption of per se negligence in California, defendants have the option to use various defense strategies to challenge these allegations including:

  • No Violation of a Statute, Law, or Ordinance: The defendant can dispute the claim of negligence per se by contending that they did not actually violate the specific statute, law, or ordinance that the plaintiff alleges they contravened.
  • Lack of Protected Class Membership: A defense can challenge negligence per se allegations by asserting that the plaintiff is not a member of the class of individuals that the statute was intended to protect. This argument aims to undermine the requirement for the plaintiff to be within the protected class to establish negligence per se.
  • Absence of Causal Connection: Another defense strategy may involve disputing that the defendant’s violation of the statute was the actual cause of the plaintiff’s injuries. By challenging the causation element, the defense seeks to weaken the plaintiff’s case for negligence per se.

It is important to note that the viability and success of these defenses depend on the specific circumstances and evidence surrounding the case.

Negligence vs. Negligence Per Se California

Negligence per se is a legal doctrine that establishes negligence based on the violation of a statute or regulation. In California, if a person’s actions violate a statute or regulation designed to prevent harm and that violation results in injury to another person, it may be considered negligence per se. This means that the defendant is presumed to be negligent, and the focus shifts to proving causation and damages rather than establishing a breach of duty.

On the other hand, negligence refers to the failure to exercise reasonable care that results in harm or injury to another person. In a negligence claim, the plaintiff must prove four essential elements: duty, breach of duty, causation, and damages. The defendant is held liable if their conduct falls below the standard of care expected in similar situations and causes harm to the plaintiff.

Negligence per se is not applicable in all situations, and there are specific requirements for its application. These requirements include that the violated statute must be intended to protect the class of individuals that the plaintiff belongs to, and the harm suffered must be the type the statute was designed to prevent.

See also  CALIFORNIA VEHICLE CODE 22349 A VC – SPEEDING OVER 65 MPH

If you are facing a legal situation involving negligence or negligence per se, it is advisable to consult with a qualified attorney who can provide guidance based on the specifics of your case and help protect your rights.

Negligence Per Se Vs Res Ipsa Loquitur

Res ipsa loquitur and negligence per se are both legal doctrines that aid in establishing a breach of duty in certain negligence cases. The former allows negligence to be inferred from the circumstances surrounding an accident, while the latter allows it to be inferred from a violation of law. These doctrines have broad applications, enabling causes of action to proceed even in the absence of direct evidence proving negligence.

Under res ipsa loquitur, a judge or jury may infer negligent conduct when:

  • The facts indicate that an accident occurred, and
  • There is no other reasonable explanation for the accident, except for the defendant’s actions.

To successfully utilize res ipsa loquitur in California, three elements must be established:

  • The accident or injury would not typically have occurred without negligent conduct.
  • The object or incident that caused the injury was under the defendant’s exclusive control.
  • The harm was not a result of any actions taken by the injured party.

If these elements are proven, the defendant has the opportunity to demonstrate that they were not responsible. Failure to do so weakens their defense against the claim.

Tabibnia Law Firm Can Fight For You

If you find yourself dealing with a personal injury or wrongful death case in California, it is crucial to understand these legal principles. Seeking guidance from an experienced attorney is highly recommended.

Cyrus Tabibnia, a criminal defense lawyer with over 18 years of experience, leads Tabibnia Law Firm. With his extensive knowledge and expertise, he can provide the necessary legal representation to navigate through negligence per se and res ipsa loquitur cases. Don’t hesitate to reach out to Cyrus Tabibnia for assistance with your legal needs.

Contact Cyrus Tabibnia at Tabibnia Law Firm today at 866-713-2159 and entrust your case to a skilled professional who strives to protect your rights.

Disclaimer: This blog post provides general information and should not be used as legal advice. If you require specific legal guidance related to warrants in California, it is advisable to consult a qualified attorney.

Cyrus Tabibnia

Cyrus Tabibnia

Cyrus Tabibnia, also known as Shahrooz Tabibnia, is a criminal defense lawyer in Los Angeles, California. With a law degree from Loyola Law School, Los Angeles, he has been practicing law since 2005 and holds license #237348. With over 18 years of experience, Cyrus specializes in various misdemeanor and felony criminal Law including Domestic Violence, Theft Crime, Sex crime, DUI & DWI, Personal Injury, Employment Law, and Cannabis & Marijuana Drugs Law. Being bilingual in English, Persian, and Spanish enables him to effectively communicate with a diverse range of clients. From 2014 to 2018, he served as a board member of the Iranian American Bar Association. An expungement attorney in Los Angeles who can assist you in clearing your criminal record in the state of California.

    Get A Case Review Today

    Please prove you are human by selecting the truck.

    EXCELLENT rating
    Based on 33 reviews
    My family had an urgent matter late on a Friday night. Cyrus took our call at 10p, listened to our situation, and answered all our questions. He was thorough in his explanations and addressed our concerns. What we appreciated the most was that he was not pushy and walked us through different approaches for our situation. We have not needed legal representation yet, but with Cyrus’ flexibility, transparency, and straight forwardness, we would highly recommend him.
    MICHELLE ROMAN
    MICHELLE ROMAN
    14 December 2023
    I had a DUI charge where I was having difficulties having an attorney give me the time of day to hear me about my case. I called different places and finally found Cyrus Tabibnia Law Firm a criminal Defense Attorney. I called him and he promptly returned my call. He sat down with me and listened to me, he understood my situation and gave me the peace of mind that lifted the stress I was going threw off my shoulders. He took control and walked me through everything. He explained the process of what to expect and what to do. Whenever I needed to talk to Cyrus, he made himself available to me. I was happy with the outcome of my case and would definitely recommend anyone to give Cyrus Tabibnia a call if they need a dependable criminal attorney to represent them.
    E T
    E T
    19 November 2023
    I have appreciated working professionally with Mr. Cyrus Tabibnia and his law firm on various cases that will assist his clients.
    Roxanna Rahban
    Roxanna Rahban
    14 November 2023
    Excellent Attorneys AND Customer service. They were patient, kind, and incredibly clear in their communications regarding my case and followed up promptly at each step of the process. I felt seen, heard and valued as a client and highly recommend this firm to anyone who is looking for kindness, professionalism and great results.
    Alexandra Sophia Marsalis
    Alexandra Sophia Marsalis
    14 November 2023
    Dedicated Attorney I have had the privilege of knowing attorney Cyrus Tabibnia since 2010, when he used to be a dedicated Board member at our local Bar Association in Los Angeles. He has always been respected by his colleagues for his legal contribution to the members of the Bar Association. While interacting with him professionally, I have found him to be a man of integrity, a competent counsel and zealous advocate for his clients in a variety of civil and criminal cases. Despite his busy professional schedule, Cyrus adheres to his family values and keeps his precious friendship with the rest of us. I am honored to call Cyrus a colleague and endorse him for the services that he offers to the public.
    Zaher Fallahi
    Zaher Fallahi
    14 November 2023
    I consulted Cyrus Tabibnia on a civil legal matter / tenant matter and he provided very helpful legal guidance. He's quite knowledgeable and experienced, as well as professional and genuinely concerned. I highly recommend Tabibnia law firm.
    shay khan
    shay khan
    28 September 2023
    Let’s be real needing a Criminal Defense Attorney is always unexpected and stressful. If the unexpected happens call Cyrus, he is extremely knowledgeable and professional. Grateful we had Cyrus on as a defense Attorney!
    Isaac Lopez
    Isaac Lopez
    18 September 2023
    Several years ago, I was contending with a serious legal issue. Out of the blue, I became aware that a corporation had obtained a large civil money judgment against me, in court, and on a case I was not aware of. When I became apprised of the judgment and the company's efforts to enforce the debt against me, I became angry and concerned. How would this case and judgment affect my financial future? Was there any way to fix this? I approached several other attorneys for assistance, but they all said the same thing: that because the judgment was over a year old (almost 2 years old, actually) it would be extremely difficult, if not impossible, to remove the judgment and to re-open the case. Given what other attorneys had told me about my case, I was not hopeful. But I decided to turn to and hire the Tabibnia Law Firm because I was aware of their strong reputation in both civil law matters and criminal defense cases. Mr. Tabibnia went out of his way to fight for me. To my great surprise, he convinced the court to set aside the judgment against me and to re-open the case. And months after getting the case re-opened, I was astonished when he then got the case completely dismissed! So, I went from having a large money judgment against me to getting the judgment removed and case dismissed in a matter of months. Throughout the process, I found Mr. Tabibnia to be honest, aggressive, competent and extremely fair with his fees. Most importantly, he kept me informed throughout the case. I cannot recommend the Tabibnia Law Firm highly enough.
    Arian T
    Arian T
    27 August 2023
    Hello Mr. Attorney Shahruz Tabibnia. I Wanna To Say All People..!! Mr. Attorney Shahruz Tabibnia Is Amazing Profecianal Attorney With High Knowledge.!! Mr. Shahruz Tabibnia Is Very Honest And Espricual Attorney.!! I Had Very Hard Case In The Court But Mr. Shahruz Tabibnia With His Knowledge And His High Experience Helped Me To Become Winner My Case In The Court.!! I'm Really Appriciated Mr. Shahruz Tabibnia. Thank You For Help Me To Winner My Case.!! I Look Forward To Work With You . Best Regards. Mike P.
    Mike Panadar
    Mike Panadar
    24 July 2023
    I had the pleasure of working with the Cyrus at Tabibnia Law on my case and I could not have been more pleased with the results. From the start, he gave my case the time and attention it deserved and showed a deep understanding and knowledge of the law. He provided clear guidance through the entire process and was always available to answer questions and provide legal advice. He really went the extra mile to make sure I got the best possible outcome and was extremely understanding and patient, always taking the time to explain the details and nuances of the law to me. I am very grateful for his expertise and the care they took in my case and it was definitely worth every penny. I highly recommend his services and would not hesitate to use him again in the future. Tabibnia Law is truly a top-notch law firm and I am so thankful to have worked with them.
    F V
    F V
    15 March 2023

    Recent Posts

    Practice Areas

    Locations We Serve