Negligence Per Se
Negligence per se establishes presumption of negligence when defendant violates statute designed to protect against type of harm suffered by plaintiff within protected class.
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Exam Tip
Four elements: (1) Violation, (2) Causation, (3) Type of harm, (4) Protected class. "Statute to protect THIS plaintiff from THIS harm."
What is Negligence Per Se?
Statutory violation substitutes for reasonable person standard.
Four Required Elements (CACI 418)
| Element | Description |
|---|---|
| Statutory Violation | Violated statute/ordinance |
| Causation | Violation caused injury |
| Type of Harm | Harm statute designed to prevent |
| Protected Class | Plaintiff in protected class |
Effect in California
Evidence Code 669: Rebuttable presumption of negligence.
Recognized Excuses (CACI 420)
- Incapacity
- Lack of knowledge
- Inability despite reasonable efforts
- Emergency
- Greater risk from compliance