Negligence and negligence per se are different things in a Florida court. All of us get injured during our lives, and like other states, Florida’s personal injury cases must get the justice they deserve. In our world today, the increasing urbanization and formal economy mean that living in the city, or even outside it, can put you at risk everywhere you are. From accidents in homes, offices, or schools which may be either due to the design of the building itself, to accidents on the road, all of us are bound to face accidents and injuries during our lifetime.
While such accidents cannot be avoided, it is important to consider why they happen in the first place. In almost every situation, one person or party causes harm to another person or party and does so at the hands of their own negligence. Negligence here means the intentional or unintentional act of not abiding by procedures, guidelines, and other responsibilities, which may cause harm to other people, and also bring financial, legal, and social consequences. In explaining the concept of negligence in legal terms, we come across “Negligence” and “Negligence per se.” Although they seem to be similar, there is a vast difference between these two terms.
What is Negligence?
Negligence can happen with or without the intention to cause harm to someone else but is a violation of the law nonetheless. By definition, negligence means that some guidelines, procedures, or generally and publicly accepted methods are not followed. For example, negligence can occur in the following cases:
- When a driver is not focused enough and crashes into someone, causing injury or death
- When a doctor fails to provide the necessary care and mistreats a patient; for example by not administering an injection the right way
- When a person slips and falls on a slippery floor because no sign was put up to notify people
In a legal case, it falls upon the plaintiff to prove negligence on part of the defendant; in the example of Florida’s personal injury cases, a good attorney will follow methods such as interviewing any witnesses, calling in an expert in the field related to the case itself, and using any other evidence to maximize on the compensation for the plaintiff, in accordance with the laws of Florida State.
Because negligence can indirectly cause harm to another person or party, it carries serious penalties and is the reason why procedures and methods are set into place. But it is also equally important to consider the often vague definition of what “reasonable care” can entail; it includes all our responsibilities to care for and warn others about any danger.
What is Negligence Per Se?
Negligence per se differs from simple negligence in the way that it is caused by first breaking the law, and thus causing harm to another person or party. This highlights the fact that if a crime is caused by outright ignorance and deviance from the prescribed policies and laws, the consequences of causing harm to a person or party is said to be caused by negligence per se.
For example, negligence per se is seen in the following cases:
- When a driver is driving while drunk or on drugs, or is over-speeding, and hits another person or car, causing injury or even possibly death
- When a doctor fails to abide by necessary medical tests and procedures before a major surgery and causes injury or damage to a patient
- When a building does not follow urban design requirements, which may cause fire or disaster and hence hurt its inhabitants
In the case of negligence per se, it is somewhat easier for your attorney to shift the case in your favor, by highlighting exactly what sections of any procedures or policies were not followed by the defendant. It is important to consider that a case of negligence per se can be the cause of greater compensation and fines placed upon the accused as well. These include medical bills, support funds, and compensation for pain and suffering for plaintiffs and their dependents, including families.
Seeking help in Florida Personal Injury Cases:
To find the perfect attorney for protecting you, your family, and your rights, contact Florida Lawyers 360. With extensive experience in handling Florida personal injury cases, our team of compassionate and dedicated attorneys makes sure that you get the compensation you deserve, financially and more. If you believe that you were put at risk or injured due to another party’s negligence, you may be entitled to compensation and more.