In order to claim damages for negligence per se, the plaintiff has to prove that ________.
A)the defendant was in exclusive control of the situation
B)the plaintiff was within a class of persons meant to be protected by the violated statute
C)the defendant made a false representation of material fact
D)the plaintiff was affected by malicious statements made by the defendant about his/her character

Question

Quizplus · Accepted Answer

Negligence per se is a doctrine in tort law that allows a plaintiff to prove a defendant's negligence by pointing to a violation of a statute that was designed to protect a particular class of people, such as fire codes or traffic laws. Thus, the plaintiff must show that he or she was within the class of persons that the statute was meant to protect. The other choices do not apply to negligence per se.

In Order to Claim Damages for Negligence Per Se, the Plaintiff