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Negligence per se is defined as a violation of a code, statute, law, ordinance or regulation, and that the violation results in an injury in which it was created to prevent. The individual injured must be one that the statute or law was designed to protect.
California Evidence Code section 669(a) states: "The failure of a person to exercise due care is presumed if: (1) He violated a statute, ordinance, or regulation of a public entity; (2) The violation proximately caused death or injury to person or property; (3) The death or injury resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent; and (4) The person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted."
Examples of negligence per se:
Building Code Violations by Building Owners/Tenants Speeding and other Motor Vehicle Violations
Posted by Legal Staff · Link · Personal Injury · Comments (0)
