Negligence per se means “negligence in itself.” It is a standard in personal injury cases whereby a defendant is assumed to be automatically liable for a plaintiff’s damages if they violated a statute.
Typically, in a personal injury case, you typically have to prove the five elements of negligence:
Because state statutes are designed, in part, to stop people from harming others, someone who broke the law is considered to have broken the first two elements as a matter of law. The case would then center around whether the accident caused your injuries, and how much your resulting damages are. When you file a negligence per se claim, you only have to demonstrate:
Say you were injured in a drunk driving accident. Laws against drunk driving exist to keep everyone else on the roads safe. If a drunk driver causes your injuries, according to the above, you would have to show that:
Similarly, if the driver was under-aged, a bar knowingly sold them alcohol and they caused an accident that injured you, you may be able to file a negligence per se claim against the bar because they broke the law. In a “dram shop case.” Dram shop claims are allowed under both Missouri drunk driving laws and Illinois drunk driving laws.
Other examples could be a contractor that violates a building code when constructing a new building, a truck accident caused by a driver or company not following FMCSA regulations or a doctor who did not obtain your consent before an operation, leading to a medical malpractice claim.
Client Reviews
Year of 2023 
This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!
7 months ago I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.
3 months ago Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.
a year ago We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!
a year ago They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!
5 months ago Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.
2 months ago Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.
11 months ago Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!
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