Negligence per se is one of the most powerful legal doctrines in Texas personal injury law. When a defendant violates a statute designed to protect people like you, and that violation causes your injury, their negligence may be presumed without needing to prove the standard of care.
What Is Negligence Per Se?
Under Texas law, negligence per se occurs when a defendant violates a statute or regulation that was designed to protect a specific class of persons from the type of harm suffered. When this doctrine applies, the plaintiff does not need to prove what a 'reasonable person' would have done — the violation itself establishes negligence.
Common Examples in Texas Cases
- Running a red light (Texas Transportation Code violation) — negligence per se in auto accident cases
- Exceeding FMCSA Hours of Service limits — negligence per se in commercial truck cases
- Failing to provide fall protection on a construction site (OSHA violation) — negligence per se in workplace injury cases
- Serving alcohol to an intoxicated minor (TABC violation) — negligence per se in dram shop cases
Limitations of Negligence Per Se
Even when negligence per se applies, you must still prove causation — that the statutory violation was the proximate cause of your specific injury. The doctrine establishes the breach of duty element, not the entire case.