Elements
In order to prove negligence per se, the plaintiff must show that
- the defendant violated the statute,
- the statute provides for a criminal penalty (i.e., fines or imprisonment) but not by civil penalties,
- the act caused the kind of harm the statute was designed to prevent, and
- 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.
Read more about this topic: Negligence Per Se
Famous quotes containing the word elements:
“The two elements the traveler first captures in the big city are extrahuman architecture and furious rhythm. Geometry and anguish. At first glance, the rhythm may be confused with gaiety, but when you look more closely at the mechanism of social life and the painful slavery of both men and machines, you see that it is nothing but a kind of typical, empty anguish that makes even crime and gangs forgivable means of escape.”
—Federico García Lorca (1898–1936)
“Three elements go to make up an idea. The first is its intrinsic quality as a feeling. The second is the energy with which it affects other ideas, an energy which is infinite in the here-and-nowness of immediate sensation, finite and relative in the recency of the past. The third element is the tendency of an idea to bring along other ideas with it.”
—Charles Sanders Peirce (1839–1914)
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—Harold Rosenberg (1906–1978)