Negligence Per Se

Pronunciation: NEG-lih-jents PUR SAY

Torts › Breach

Definition

Doctrine establishing that violation of a safety statute constitutes conclusive or presumptive evidence of breach of duty when: (1) plaintiff is member of class the statute is designed to protect, and (2) harm is of the type the statute is designed to prevent. In majority jurisdictions, an unexcused violation establishes breach as a matter of law; a minority treats it as evidence of negligence only. CALIFORNIA uses a rebuttable presumption: a violation that causes the kind of harm the statute was designed to prevent, to a member of the protected class, is presumed negligent unless the defendant proves the violation was excused (Evid. Code § 669). Defendant may still offer excuse for non-compliance if compliance impossible, would be more dangerous, or emergency justifies violation.

Related terms

• Breach of Duty — The second element of negligence, requiring plaintiff to prove defendant's conduct fell below the applicable standard of care.…
• Violation of Statute — Evidence that defendant violated safety statute. If statute designed to protect class of persons that includes plaintiff from…
• Reasonable Person Standard — An objective standard used to determine whether a defendant's conduct breached the duty of care. It asks what…
• Proximate Cause — A limitation on liability requiring that the harm suffered must be within the scope of risk created by…

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