Negligence Per Se is a legal doctrine under which a court can find a defendant negligent without a full jury trial when the defendant has violated a statute enacted to protect the public and that violation directly caused the plaintiff’s injuries. In Louisiana, this doctrine operates as a mechanism to streamline causation and fault by linking a statutory breach to the harm at issue. Common examples include traffic codifications and building or safety codes where violations are particularly likely to result in harm.
To obtain a negligence per se finding, the plaintiff must prove several elements in addition to the general elements of negligence. First, there must be a violation of a law or regulation. Second, the violation must be intended to protect the public from the type of harm that occurred (the purpose or intent of the statute). Third, the plaintiff must be within the class of persons intended to be protected by the statute. Fourth, the violation must be a proximate cause of the injury, meaning the statute’s breach directly led to the accident or harm in the case. When these elements coalesce, the court may hold the defendant negligent per se without requiring a traditional jury determination of breach.
Louisiana also recognizes comparative fault, so damages awarded in negligence per se cases are apportioned according to each party’s degree of liability. Even when negligence per se is established, a plaintiff’s recovery may be reduced by their own percentage of fault. This framework ensures that responsibility for damages reflects the relative contribution of each party to the harm, rather than imposing all liability on the violator.
Not all statutory violations qualify for negligence per se. The breach must be closely tied to the injury, and the statutory purpose must align with public safety as it relates to the plaintiff’s circumstances. For instance, traffic violations that cause a crash are common bases for negligence per se, whereas some unrelated licenses or non-causative infractions may not meet the direct-causation requirement. Courts scrutinize the link between the law violated and the specific harm to determine whether negligence per se applies.
Damages available in negligence per se cases include compensatory damages for economic losses (such as medical bills, lost wages, and property damage) and non-economic losses (like pain and suffering, mental anguish, and loss of enjoyment of life). Louisiana also allows for punitive damages in extreme cases of gross negligence or willful disregard of safety, though punitive damages are reserved for particularly egregious conduct, not ordinary traffic violations. If you’ve suffered harm due to another’s statutory violation, a knowledgeable Louisiana attorney can assess whether negligence per se applies and help pursue appropriate compensation.
Identify a clear statutory violation (document it).
Link the violation to public safety and the injury.
Confirm the plaintiff is within the statute’s protected class.
Show the violation directly caused the injury (proximate cause).
Note available damages and any comparative fault.
Collect evidence (reports, photos, expert opinions).
Check defenses (statute of limitations, minor/unrelated violation).
Decide next steps (Negligence Per Se vs. general negligence; consult a PI attorney).
If You Were Injured Due to Someone Else’s Negligence, Call the Joubert Law Firm We Can Help Navigate The Legal Process For You! 225-777-8853