Negligence Per Se

Question 1

Negligence Per Se

Answer 1

In short, if the defendant violated a statute that was meant to protect people like the plaintiff from the type of harm that occurred, the defendant is automatically considered negligent — unless they have a valid excuse.

To succeed on a negligence per se claim, the plaintiff must prove all of the following:

1. A Statute Exists
   * The statute must prescribe a specific conduct or rule.
   * It’s usually a criminal law or safety regulation — like speed limits, building codes, fire safety laws.
2. The Defendant Violated the Statute
   * The defendant must have broken the law — even if not arrested or charged.
   * Plaintiff must show the defendant didn’t follow what the law required.
   Ex: If a statute requires headlights at night, and D drove without them, that’s a violation.
3. Plaintiff Is in the Class of Persons Meant to Be Protected
   Ask: Who is this law trying to protect?
   ✅ Yes — if the law protects pedestrians, and P is a pedestrian
   ❌ No — if the law protects employees, and P is a customer
   🔍 Look at the legislative purpose of the statute.
4. The Harm Is the Type the Statute Was Meant to Prevent
   Ask: Why was the law created? What kind of harm is it trying to stop?
   ✅ Yes — a speeding law is meant to prevent traffic accidents
   ❌ No — if a person is injured by slipping on ice while walking near a speeding car
   The harm must match the purpose of the statute.
5. The Violation Caused the Injury (Causation)
   Even if the statute was violated, the defendant is only liable if that violation actually and proximately caused the plaintiff’s harm.
   * Actual cause = “but for” test
   * Proximate cause = foreseeable result of the violation
6. No Valid Excuse
   The defendant may avoid liability if they had a reasonable excuse for breaking the law.
   Accepted excuses include:
   * An emergency (e.g., swerving to avoid a child)
   * Incapacity (e.g., fainting at the wheel)
   * Compliance was impossible (e.g., brakes fail unexpectedly)
   * Safer to break the law (e.g., breaking a speed limit to escape danger)
   The court decides if the excuse is valid.