Torts · Negligence Per Se
Clear answer to: What Happens When Negligence Per Se in Torts? with key cases, examples, and exam tips for law students.
Negligence per se establishes a breach of duty when a defendant violates a statute designed to protect a specific class of individuals. This can lead to liability without the need for the plaintiff to prove the standard of care.
Negligence per se occurs when an individual's conduct violates a statutory or regulatory standard, which is intended to protect the public from specific harms. In such cases, the violation itself establishes the breach of duty essential for a negligence claim. The injured party only needs to demonstrate that they belong to the class of persons the statute is designed to protect and that the injury was of the type the statute was intended to prevent.
The significance of negligence per se is highlighted in cases where the legislature has determined that certain actions are deemed negligent due to their inherently dangerous nature when in violation of a law. This standard streamlines the plaintiff's burden of proving negligence, eliminating the need for comparisons against the reasonable person standard. For example, if a driver exceeds the speed limit and causes a collision, this behavior may automatically qualify as negligent because it violates traffic regulations.
Key cases illustrate the application of negligence per se. In *Martin v. Herzog* (1920), the court ruled that failing to have lights on a vehicle, contrary to a state statute, constituted negligence per se, leading to liability for the resulting damages. Similarly, in *Tunks v. City of Old Town* (1950), the court found that a failure to follow building codes resulted in negligence per se, which connected a contractor's actions directly to the injury of a third party.
Nevertheless, some jurisdictions may allow defendants to assert defenses, such as comparative negligence, where they can argue that the plaintiff's own negligence contributed to the injury. Additionally, the statute must be clear regarding its intended application, and courts may consider whether the defendant’s violation was excused due to an unforeseen circumstance.
Ultimately, negligence per se simplifies certain aspects of negligence litigation, allowing for more straightforward determinations of liability. Law students should understand the statutory foundations and case precedents to effectively analyze negligence per se issues in hypothetical scenarios.
A store owner fails to post a 'wet floor' sign after mopping and a customer slips and falls. The store owner may be liable for negligence per se due to violating local safety regulations designed to prevent such accidents.
Negligence per se is often tested in tort law exams, particularly in questions addressing breaches of statutory duties and the implications of such breaches on liability.