Understanding the difference between negligence and negligence per se in Florida is important if you’ve been injured in an accident. While both involve someone’s failure to act appropriately, they each have unique legal implications for proving fault and pursuing compensation
At Zweben Law Group, we’ve been helping injured Floridians for over 25 years, and we’re here to explain these concepts in a way that’s clear and easy to understand.
What Is Negligence in Florida?
Negligence in Florida, in plain terms, happens when someone fails to act with the level of care that a reasonable person would in the same situation. This lack of care can lead to harm or injuries to others. For example, if someone causes a car accident by texting while driving, they may be found negligent.
To prove negligence in Florida, four key elements must be established:
1. Duty of Care
A duty of care exists when the law requires someone to act with a certain standard of care. For instance, drivers owe a duty to others on the road to operate their vehicles safely.
2. Breach of Duty
This occurs when someone fails to meet their duty of care. Using our earlier example, texting while driving would likely be considered a breach of that duty.
3. Causation
Causation means the breach of duty directly caused the injury. If a driver’s distraction led to a rear-end collision, the causation element would be satisfied.
4. Damages
Finally, the injured person must show they suffered actual losses, such as medical bills, lost wages, or pain and suffering, because of the negligent act.
Example of Negligence in Florida:
Imagine a driver glances at their phone to check a message while approaching a traffic stop. In that brief moment of distraction, they fail to notice the car in front slowing down and end up rear-ending it. This lapse in attention demonstrates negligence, as the driver failed to exercise the caution expected of a reasonable person behind the wheel, ultimately causing the accident.
What Is Negligence Per Se?
Negligence per se simplifies the process of proving negligence by focusing on the violation of a law or regulation designed to protect the public. Unlike regular negligence, where proving duty and breach is required, negligence per se assumes these elements if a law has been broken.
How Negligence Per Se Differs From Ordinary Negligence
Violation of Statute
Negligence per se occurs when someone violates a specific law meant to prevent certain harms.
Protected Class
The injured person must belong to the group the law was intended to protect.
Type of Harm
The injury suffered must align with what the law aimed to prevent.
Example of Negligence per se in Florida:
For example, if a driver runs a red light and causes a crash, they’ve violated traffic laws designed to protect other road users. This violation could make it easier to prove negligence under negligence per se.
Comparison Table: Negligence vs. Negligence Per Se
| Aspect | Negligence | Negligence Per Se |
| Definition | Failure to act with reasonable care | Violation of a law designed to protect others |
| Duty and Breach | Must be proven | Assumed through the law violation |
| Focus | Actions of a “reasonable person” | Violation of a specific statute or ordinance |
| Examples | Slip-and-fall accidents, distracted driving | Running a red light, building code violations |
How Negligence Per Se Can Benefit Your Case
Negligence per se can strengthen a personal injury case in several ways:
Simplified Proof
Since the violation of the law establishes duty and breach, your attorney can focus on proving causation and damages.
Shift in Burden
In some situations, the burden may shift to the other party to prove they weren’t negligent, which can make your case stronger.
Increased Chance of Success
By tying your injury directly to a legal violation, you’re in a better position to secure compensation.
Example from Zweben Law Group’s Experience:
We once represented a client injured in a car accident caused by a driver running a stop sign. By proving the other driver violated traffic laws, we were able to establish negligence per se, making the path to compensation smoother for our client.
Injured in an Accident? Don’t Wait—Contact Zweben Law Group
When accidents happen, you need someone who understands Florida’s negligence laws inside and out. At Zweben Law Group, we’ve spent over 25 years helping people just like you recover the compensation they deserve. Whether your case involves negligence or negligence per se, we’re here to guide you every step of the way.
📞 Call us at (772)-223-5454 or fill out our online contact form to schedule your free consultation. Remember, we work on a contingency basis—no fees unless we win.
Let us help you move forward.