A defendant who violates a statute and, as a result, injures a plaintiff is automatically negligent per se.

Question

Quizplus · Accepted Answer

Negligence per se establishes a presumption of negligence when a defendant violates a statute, but it does not automatically make the defendant negligent. The plaintiff must still prove the statute was intended to protect against the type of harm suffered and that they are within the class of persons intended to be protected by the statute.

A Defendant Who Violates a Statute And, as a Result