How Do Negligence and Negligence Per Se Differ in California?
Ordinary negligence generally focuses on whether someone failed to use reasonable care. Negligence per se may apply when a person violates a statute, ordinance, or regulation and the requirements of California Evidence Code § 669 are met, creating a rebuttable presumption of failure to exercise due care. Under either theory, the injured person must still connect the conduct to the injury and prove damages.
In California, personal injury cases may involve both ordinary negligence and California’s negligence per se doctrine. If you are a party to a personal injury case, understanding the distinction between these two concepts matters because it affects how the claim is evaluated and what evidence is required.
Key Takeaways About Negligence Per Se
- Ordinary negligence generally asks whether a defendant failed to use reasonable care under the circumstances.
- California Evidence Code § 669 may create a rebuttable presumption of failure to exercise due care when a statute, ordinance, or regulation is violated and all four statutory requirements are satisfied.
- The four requirements address the type of law violated, whether the violation proximately caused the injury, the type of harm the law was designed to prevent, and whether the injured person belongs to the class the law was designed to protect.
- A statutory violation does not automatically establish liability. The presumption may be rebutted, and causation and damages must still be proven.
What Are the Elements of Negligence in California?
The legal doctrine of negligence frequently applies in personal injury lawsuits to hold someone responsible for harming another. California Civil Code § 1714 states the general rule that people are responsible for injuries caused by their lack of ordinary care in managing their person or property.
The plaintiff (the person filing the lawsuit) must generally demonstrate that:
- The defendant (the person being sued) had a legal obligation to act with reasonable care
- The defendant breached that duty of care
- The breach caused the plaintiff’s injury
- The plaintiff suffered actual harm or damages
For instance, if a driver is distracted by a phone conversation and drifts into another vehicle on a Los Angeles surface street, that driver may be liable for resulting injuries based on ordinary negligence. An ordinary negligence theory does not necessarily depend on establishing a specific statutory violation. The question is whether the driver used reasonable care under the circumstances.
When Does Negligence Per Se Apply in California?
Negligence per se is a legal doctrine that may apply when a person violates a statute, ordinance, or regulation. Unlike ordinary negligence, negligence per se does not require the plaintiff to independently establish the standard of care. Instead, the violated law supplies the applicable standard of conduct when Evidence Code § 669’s requirements are met.
Under California Evidence Code § 669, failure to exercise due care is presumed when all four of the following requirements are satisfied:
- The defendant violated a statute, ordinance, or regulation of a public entity
- The violation proximately caused death or injury to a person or property
- The death or injury resulted from an occurrence of the type the statute, ordinance, or regulation was designed to prevent
- The person suffering the death or injury was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted
For instance, if a driver runs a red light in violation of California Vehicle Code § 21453 and strikes a pedestrian in the crosswalk, the violation may support the negligence per se presumption if the other requirements of § 669 are also satisfied.
That type of collision is part of what a Los Angeles car accident lawyer evaluates when reviewing the facts of a crash involving a traffic-law violation.
Evidence Code § 669(b) also provides that the presumption may be rebutted. Negligence per se does not create automatic or strict liability simply because a law was violated. The defendant may offer evidence to overcome the presumption.
What Is the Difference Between Negligence and Negligence Per Se?
In cases of ordinary negligence, the plaintiff must demonstrate that the defendant owed a duty to act with reasonable care and failed to meet that standard. The question focuses on what a reasonable person would have done under the circumstances.
In cases of negligence per se, the plaintiff points to a specific statute, ordinance, or regulation that the defendant violated. If the requirements of Evidence Code § 669 are met, the law itself defines the standard of care and creates a presumption of failure to exercise due care.
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Ordinary Negligence |
Negligence Per Se |
|
|
Source of the standard |
General duty of reasonable care |
A specific statute, ordinance, or regulation |
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What the plaintiff must show |
That the defendant failed to act as a reasonably careful person would under the circumstances |
That the defendant violated a qualifying law and the four requirements of Evidence Code § 669 are satisfied |
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How failure to use due care is established |
The jury evaluates whether the defendant’s conduct fell below the reasonable-care standard |
Evidence Code § 669 creates a rebuttable presumption of failure to exercise due care |
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Causation and damages still required? |
Yes |
Yes |
Under either theory, the plaintiff must still prove that the defendant’s conduct caused the injury and that the claimed damages are supported by evidence.
Why Does Causation Still Matter With Negligence Per Se?
Proving negligence per se does not resolve a case by itself. Under Evidence Code § 669, satisfying the four requirements creates a presumption of failure to exercise due care. It does not conclusively establish that the defendant caused the plaintiff’s injury or that the plaintiff suffered specific damages.
To establish liability, the plaintiff must also prove that the defendant’s conduct was a substantial factor in causing the injury. A traffic violation that had no meaningful connection to how the collision occurred may not support a negligence per se claim even if the violation itself is clear.
The plaintiff must also support claimed damages with evidence. Medical records, employment documentation, and other records help establish what losses the injury actually caused.
How May an Attorney Help With a Negligence Per Se Claim?
If this sounds complicated, it is. If you think you may have a negligence per se claim, a free initial consultation with an attorney may help clarify where you stand.
An attorney may review:
- The conduct involved and the specific statute, ordinance, or regulation allegedly violated
- Whether the requirements of Evidence Code § 669 are satisfied
- The connection between the violation and the injury
- Documentation of injuries and losses
Understanding how negligence and negligence per se apply to the specific facts of your case may affect how the claim is evaluated and what evidence matters most.
Negligence Per Se Questions Answered by Our Los Angeles Attorneys
No. Negligence per se is not a standalone cause of action in California. It is a doctrine used within a negligence case that may change how the standard of care is established. The injured person still brings a negligence claim. Evidence Code § 669 provides a way to establish the presumption of failure to use due care through a statutory violation rather than through the general reasonable-care analysis.
Evidence Code § 669(b) provides that the presumption of negligence may be rebutted. One basis for rebuttal is that the person who violated the law did what might reasonably be expected of a person who intended to comply with it. That means a defendant may present evidence that the violation occurred despite reasonable efforts to follow the law, and the presumption is not conclusive.
Yes. California Evidence Code § 669 focuses on whether a qualifying statute, ordinance, or regulation was violated and whether the other statutory requirements are met. It does not require the defendant to receive a traffic ticket or citation before the negligence per se presumption may apply. The absence of a citation does not by itself resolve whether a violation occurred.
Yes. California follows a pure comparative negligence system, so an injured person’s share of fault generally reduces recovery rather than automatically preventing it. That principle may still matter when a case also involves negligence per se because the statutory presumption does not eliminate other questions about fault and causation.
Yes. The doctrine is not limited to traffic collisions. Negligence per se may potentially arise when any qualifying statute, ordinance, or regulation is violated and the four requirements of Evidence Code § 669 are satisfied. A building code violation or a qualifying local safety ordinance may be relevant depending on the facts.
Contact M&Y Personal Injury Lawyers
If you were injured in an accident in Los Angeles, CA, or you lost a loved one and you need legal assistance, contact us to schedule a free consultation. One of our Los Angeles personal injury lawyers at M&Y Personal Injury Lawyers may review your claim and help you understand your options.
Call 866-864-5477 for a free consultation. You pay no fees unless we recover compensation.
