Legal Topic of the Week
Welcome to this round of the legal topic of the week! I know it sounds fancy, but don’t worry, we’ll break it down for you. If you’ve ever come across the phrase per se, you might wonder what it means. In law, the term describes situations where violations are considered wrongful on their face, without needing additional explanation about why they’re problematic. In Latin, per se is a term that translates to “by itself” or “inherently.” This concept comes up often in civil cases, particularly when someone violates a law or regulation intended to protect the public.
In Texas, you’ll often hear about per se in the context of negligence per se. This legal doctrine applies when someone violates a safety law and that violation causes harm. In these situations, the violation may serve as strong evidence of negligence.
However, it’s still important to understand that negligence per se does not automatically establish liability. Courts still consider all the facts and circumstances of the case. While the violation can bolster a claim, it does not guarantee a favorable outcome on its own.
Negligence Per Se
Let’s say a business owner fails to install handrails on a staircase, even though local building codes require them. If a customer slips and is injured because of the missing handrail, the building violation could support a negligence per se claim. Why? Because those building codes are designed specifically to keep people safe, and ignoring them creates a foreseeable risk of harm.
Per se violations are powerful tools in civil cases, particularly when safety laws or regulations have been ignored. Every situation is unique, and proving liability still depends on the specific facts of your case. If you’ve been injured and believe someone violated a safety law that contributed to your harm, reach out to us to understand your options.
Check out Mickey’s explanation of per se below:
