Victor Waite | December 3, 2025 | Personal Injury
Negligence and negligence per se are two important legal concepts in Florida personal injury law. Both deal with careless or dangerous behavior, but they involve different types of proof. Understanding the difference can help you see how fault is determined after a car accident, slip and fall, or any injury caused by someone else’s unsafe actions.
The Definition of Negligence in Florida
Negligence is the failure to use reasonable care.
In a typical negligence case, the injured person typically must prove four elements:
- The defendant owed a duty of care to the plaintiff.
- The defendant breached that duty.
- The breach caused the accident.
- The accident caused an injury.
For example, a driver who texts while behind the wheel, a store that leaves a spill on the floor, or a property owner who fails to repair a broken step may all be considered negligent if their actions cause harm.
What Does Negligence Per Se Mean?
Negligence per se is different. It applies when someone violates a safety law or regulation, without an excuse, that was designed to prevent the type of harm that occurred.
Instead of proving that the person acted unreasonably, the injured person must show:
- A law or regulation was broken.
- The law was intended to protect a specific group of people.
- The victim is part of that protected group.
- The violation caused the injury.
If these conditions are met, the violation of the law or regulation itself can establish the breach of duty. This difference makes negligence per se easier to prove than negligence in some cases.
Examples of Negligence Per Se
Common examples of negligence per se include:
- A driver speeding above the posted limit
- A driver running a red light
- A business violating building codes
- A property owner ignoring fire safety rules
- A driver operating a vehicle while intoxicated
- A trucking company breaking federal safety regulations
If breaking the law directly results in an injury, negligence per se may be applicable.
Why Negligence Per Se Makes Proving a Case Easier
In a typical negligence case, the injured person must show that the defendant acted unreasonably. This often requires witnesses, evidence, expert opinions, and detailed arguments about what a “reasonable person” would do.
With negligence per se, the law already defines what is reasonable. Violating the law may automatically count as a breach of duty. The injured person still needs to prove causation and damages, but the burden of proving unreasonable behavior is reduced.
When Negligence and Negligence Per Se Overlap
Negligence and negligence per se can apply to the same incident. If a driver violates a safety law and also acts unreasonably in other ways, both theories may support the claim. Attorneys often use both to strengthen the case.
Negligence per se does not replace negligence. It simply adds another way of showing that the defendant breached their duty of care.
Evidence Used to Prove These Claims
Evidence in negligence and negligence per se cases often includes:
- Police reports
- Traffic citations
- Videos or photos
- Witness statements
- Medical records
- OSHA or building code violations
- Accident reconstruction
In negligence per se cases, official documentation of the violation is especially important.
Contact Our Delray Beach Personal Injury Lawyer at The Injury Law Firm, PA for a Free Consultation
Negligence requires proof of unreasonable conduct. Negligence per se relies on a violation of a safety law to show a breach of duty. Both theories play important roles in Florida personal injury cases and can help injured people pursue compensation after accidents caused by dangerous or unlawful behavior.
If you need help after an accident or injury caused by another’s negligence, call The Injury Law Firm, PA. You can schedule a free consultation with our Delray Beach personal injury lawyer to find out how we can help.
If you’ve been injured in Delray Beach, and need legal help, contact our Delray Beach personal injury lawyers at The Injury Law Firm, PA to schedule a free consultation.
The Injury Law Firm, PA.
301 W. Atlantic Ave, Suite O-1, Delray Beach, FL 33444
(561) 800-4357
