Question

Negligence per se

Accepted Answer

1) Statute imposes penalty for violating a specific duty;

2) D violates statute;

3) P is in the class of people intended to be protected; and

4) The harm is of the type the statute was intended to protect against.

5) Causation

Minority rule = violation of the statute is merely evidence of negligence (a rebuttable presumption about duty and breach)

Front	Negligence per se
Back	1) Statute imposes penalty for violating a specific duty; 2) D violates statute; 3) P is in the class of people intended to be protected; and 4) The harm is of the type the statute was intended to protect against. 5) Causation Minority rule = violation of the statute is merely evidence of negligence (a rebuttable presumption about duty and breach)

Statute Negligence Intended Se Imposes Penalty Violating Specific