Negligence Per se

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Definition of Negligence Per se

Negligence per se is negligence which is considered inherently negligent and does not require the plaintiff in a personal injury claim to prove the defendant should have known the action would injure or that they intended to injure the victim. Negligence per se can also occur if a defendant fails to do something. For instance, when a surgeon fails to take a sponge out of a patient's body this is considered negligence per se, which means it is inherently negligent.

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