Can a Statute Form the Basis of a Negligence Claim?
In civil litigation, negligence claims often hinge on whether a defendant breached a duty of care owed to the plaintiff. While the common law governs the duties and standards of care in negligence cases, state statutes can also establish liability.
At its core, a negligence claim requires the plaintiff to prove (1) the defendant owed the plaintiff a duty of care, (2) the defendant breached that duty, (3) the breach caused the plaintiff’s injury, and (4) the plaintiff suffered actual harm or damages as a result. In many cases, the duty of care is determined by the reasonable person standard—what a reasonably prudent person would do under similar circumstances. However, state statutes can also define specific duties of care, which can then be used as a benchmark for determining negligence.
When a defendant violates a statute or regulation that is designed to protect a specific class of people from a particular type of harm, they may be liable under a theory of negligence per se. Under the doctrine of negligence per se, a statute may itself establish the duty and breach elements of negligence if the plaintiff belongs to the class of people the statute was intended to protect and suffers the type of harm the statute was designed to prevent. For instance, if a building owner violates a state fire code requiring functional smoke alarms, and a tenant is injured in a fire due to the lack of alarms, the tenant may rely on the fire code violation to establish negligence per se.
Even where a statutory violation is established, the plaintiff must still prove that the violation caused their injury and the plaintiff’s own negligence may reduce the amount of damages that can be recovered
State statutes can indeed form the basis of a negligence claim, particularly through the doctrine of negligence per se. However, their applicability depends on the facts of the case, the purpose of the statute, and the ability to prove causation and damages. Consulting with an experienced attorney is crucial to navigate these complexities and maximize the chances of a successful outcome.