Torts
Negligence Per Se
Definition
Negligence per se is a doctrine under which a court adopts a legislative or regulatory standard as the applicable standard of care. If the defendant violated a statute designed to protect the class of persons to which the plaintiff belongs against the type of harm the plaintiff suffered, the violation establishes breach of duty as a matter of law. The plaintiff must still prove causation and damages. Some jurisdictions treat the statutory violation as only a rebuttable presumption of negligence.
Example
A driver runs a red light and strikes a pedestrian. The traffic statute was designed to protect pedestrians, and the violation establishes the driver's breach of duty per se.