Violation of Statute

Pronunciation: vy-oh-LAY-shun of STAT-yoot

Torts › Breach

Definition

Evidence that defendant violated safety statute. If statute designed to protect class of persons that includes plaintiff from type of harm that occurred, violation may be negligence per se or evidence of breach. Depends on jurisdiction. Excused violation if compliance impossible or more dangerous.

Related terms

• Negligence Per Se — Doctrine establishing that violation of a safety statute constitutes conclusive or presumptive evidence of breach of duty when:…
• Breach of Duty — The second element of negligence, requiring plaintiff to prove defendant's conduct fell below the applicable standard of care.…
• Proximate Cause — A limitation on liability requiring that the harm suffered must be within the scope of risk created by…

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