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negligence per se

A person or business can be treated as negligent as a matter of law when they violate a safety statute designed to protect people from the kind of harm that actually happened.

That can sharply change an injury case because the fight may shift from whether the conduct was careless to whether the statute was violated, whether the violation caused the injury, and what damages followed. A common example is a driver who breaks a traffic safety law and causes a crash. In New York, Martin v. Herzog (1920) is the classic rule: violating a statute can be negligence per se, while violating a local ordinance is usually only some evidence of negligence, not automatic legal fault. That distinction matters fast when police reports, witness statements, and road conditions need to be preserved.

For injury claims, negligence per se can strengthen proof of liability, but it does not guarantee payment. The injured person still has to show causation and damages, and the other side may argue an excuse for the violation or raise comparative negligence under New York CPLR § 1411. In car crash cases, it also does not bypass New York's no-fault system or the serious injury requirement in Insurance Law § 5102(d) for pain-and-suffering claims. If a crash happened on black ice on I-90 near Rochester, or after a clear traffic-law violation in heavy lake-effect snow, the deadline pressure is real: evidence disappears quickly, and delay can weaken the claim.

by David Goldstein on 2026-04-02

We provide information, not legal advice. DUI laws change and every arrest is different. An experienced DUI attorney can evaluate your specific situation at no cost.

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