Content-Type: text/html Wikipedia: Negligence per se

[Home]Negligence per se

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Latin phrase meaning "negligence as such." It could be understood, in lay terms, to mean "negligence as a matter of law."

In civil litigation, when a party has pled guilty to or been found guilty of a violation of law in an act which directly relates to the cause of the event from which the civil litigation springs, he is considered to be negligent, per se.

This does not mean that he will be found at fault in the civil litigation, especially if someone else's conduct contributes more to the cause of the even in question than his own does. However, as a matter of law, the judge will instruct the jury that they cannot find the convicted person to be negligence-free.


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Last edited April 16, 2001 8:46 am (diff)
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