Question

If a statute is found to be applicable to a fact situation, then the courts will hold that an unexcused violation of that statute which causes an injury to another is: a. negligence per se. b. res ipsa loquitur. c. assumption of the risk. d. strict liability.

Answer 1

Answer:

A. negligence per se.

Explanation:

Negligence per se is a doctrine in US law whereby an act is considered negligent because it violates a statute (or regulation). The doctrine is effectively a form of strict liability.

In order to prove negligence per se, the plaintiff usually must show that:

a. the defendant violated the statute,

b. the act caused the kind of harm the statute was designed to prevent, and

c. the plaintiff was a member of the statute's protected class.

In some jurisdictions, negligence per se creates merely a rebuttable presumption of negligence.

A typical example is one in which a contractor violates a building code when constructing a house. The house then collapses, injuring somebody. The violation of the building code establishes negligence per se and the contractor will be found liable, so long as the contractor's breach of the code was the cause (proximate cause and actual cause) of the injury.