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:
“Barbarisation may be defined as a cultural process whereby an attained condition of high value is gradually overrun and superseded by elements of lower quality.”
—Johan Huizinga (1872–1945)
“It is a life-and-death conflict between all those grand, universal, man-respecting principles which we call by the comprehensive term democracy, and all those partial, person-respecting, class-favoring elements which we group together under that silver-slippered word aristocracy. If this war does not mean that, it means nothing.”
—Antoinette Brown Blackwell (1825–1921)
“The poem has a social effect of some kind whether or not the poet wills it to have. It has kinetic force, it sets in motion ... [ellipsis in source] elements in the reader that would otherwise be stagnant.”
—Denise Levertov (b. 1923)