Negligence Per Se In General
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Negligence per se-conduct will be deemed negligence per se (i.e. negligence in itself) if:
1. It involved a violation of a statute, regulation, or ordinance;
2. The court chooses to adopt the statute, regulation, or ordinance as a standard for determining negligence; Generally the answer is yes. 1, 2, & 4 have negligence per se if 1, 2, 3 have proximate cause • Negligence per se is a substitute for duty & breach.
3. The purpose of the statute was to protect a class of people of whom plaintiff is a member; and
4. There is no justifiable excuse for the violation
To establish proximate causation in a negligence per se case, Plaintiff most prove that:
1. The violation was a cause in fact of Plaintiff’s injury
2. The purpose of the statute was to prevent the type of injury Paintiff suffered; and
3. There was no unforeseeable intervening force
• To prove must prove the 1st 4 & the bottom 3 Negligence per se- Statute that is silent about civil remedies. (The legislature has not spoken on the issue). Legislature does not expressly provide for a civil remedy for violation of a statute (it’s implied). -Will the court adopt the statute for a standard for the tort? It does not have to.
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