Negligence Per Se Doctrine in Florida
Negligence per se establishes breach of duty when a statute designed to protect the plaintiff’s class is violated. The statute defines the standard of care; no expert needed to prove breach. Creates a presumption of negligence, not strict liability. Defenses still available.
Requirements
- Defendant violated a statute/regulation
- Statute protects plaintiff’s class
- Statute prevents the type of harm suffered
- Violation proximately caused injury
vs. Ordinary Negligence
- Per se: statute = standard (no expert needed)
- Ordinary: must prove standard and breach
- Both require causation and damages
Examples
- Traffic violations, building/fire/health codes
- Landlord-tenant (Chapter 83) violations
- Statute must be specific, not general
Related Terms
- Negligence — Duty of care
Barnes Walker Litigation
Barnes Walker’s attorneys litigate negligence per se claims in Florida. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 768
Governs negligence claims in Florida, including the modified comparative fault standard (effective March 2023) that bars recovery if the plaintiff is more than 50% at fault.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC