Negligence Per Se - Bethlehem Car Accident and Bethlehem Injury

June 17, 2019 Posted in Articles Tagged in Personal Injury

Whether it is a Car Accident in Bethlehem, Pa and/or injury occurring in the Bethlehem, Pa an injured individual may claim that the responsible party violated a statute. Often times in Bethlehem injury cases the injured party may bring a claim for Negligence along with a claim for Negligence Per Se. This is something you may want to consult with a Bethlehem Injury Lawyer about.

The Pennsylvania Civil Jury Instructions set forth that “if [juror] finds that [ the defendant] violated [a relevant statute], [then the juror] must find that [defendant] was negligent.” However, if the juror finds that the Defendant did not violate the law, then the juror must still decide whether the defendant was negligent because he/she failed to act as a reasonable person would under the circumstance. There are a few added elements as the Pa Civil Jury instruction’s Subcommittee Notes set forth. For example, this instruction should only be given when the interests of a party claiming the protection of the stature, were such as the act intended to protect. If those rights that the statute is designed to protect are rights and privileges the Injured individual/pleader is entitled to because he/she is a member of the public, then Negligence Per Se is not applicable. Wagner v. Anzon, Inc. 684 A.2d 570 (Pa.Super.1996).  

If you were involved in a Lehigh Valley Car Accident, Truck Accident, and/or Motorcycle Accident and you have questions about whether you are liable for a injury in Bethlehem, Pa. or have questions regarding an Allentown injury please contact a Personal Injury Lawyers in Bethlehem, Pa at The Law Offices of Edward J. McKarski for a free consultation.

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