Question

Jose, a migrant worker who lived in a mobile home, died in a fire. The smoke alarm of the mobile home malfunctioned and did not go off. He was trapped inside while the fire engulfed him. The state had a law that required dwellings to be equipped with smoke detectors and that they be maintained. In this scenario, Jose's widow can sue the owner of the mobile home under _____.

Answer 1

Answer:

These are the options for the question:

• Breach of duty.
• Strict liability.
• Recklessness.
• Negligence per se

And this is the correct answer:

• Negligence per se

Explanation:

Negligence per se consist in act that is neglectful, or unlawful, because it explicitely violates a statue or regulation.

In this case, the statue was the new state law that required smoke detectors to be maintained. The company that installed the smoke detector inside Jose's house clearly did not maintain the detector because otherwise, it would have gone off when the fire started, and Jose probably would not have died.

It is a negligence per se from the smoke detector company, and Jose's wife can lawfully sue them for that very reason.