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Negligence per se means negligence in itself. In a tort case, a defendant who violates a statute or regulation without an excuse is automatically considered to have breached their duty of care and is therefore negligent as a matter of law.
Some examples of negligence per se would be speeding or a doctor leaving a sponge inside their patient during operation. Speeding is against public policy and is negligent because there is a public duty to abide by the traffic rules.
An innkeeper is a person who provides accommodations to guests as a business. Innkeepers, like common carriers, owe guests a higher duty of care. An innkeeper acts negligently if he or she fails to reasonably protect a guest from foreseeable harm.
In cases of negligence per se, Louisiana law allows for two different types of compensation: compensatory and punitive damages. It's also important to remember that negligence law in Louisiana allows for comparative damages. This means that a person will pay damages in proportion to their liability.
Within this law, there is a classification of negligence known as negligence per se, which occurs when a judge has determined that one party is negligent as a result of violating the law. Under the doctrine of negligence per se, victims can recover damages more quickly and without the hassle of a jury trial.
The state of Louisiana follows comparative negligence, so you'll be able to file a claim, but your award will be reduced by the amount of fault assigned to you.