There are a plethora of legal terms involved in your case. Our legal dictionary helps define terms that can become confusing from A-Z.
Negligence is not acting in a careful manner. The legal standard is a “failure to exercise the degree of care a reasonably prudent person would use in the same situation.”
If a plaintiff is able to prove a defendant acted negligently to cause an injury, the plaintiff can recover damages.
If a defendant is required by law to do something that they fail to do, they may be held liable under “negligence per se.”
Negligence per se only applies when a law is designed to protect a class of people from a certain type of injury, a defendant who violates that law …