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 or her character

Question

Quizplus · Accepted Answer

Negligence per se is a legal doctrine where a plaintiff can prove negligence by showing that the defendant violated a statute or regulation that was designed to protect a certain class of people. Therefore, the plaintiff has to prove that he or she is within that protected class of people meant to be covered by the violated statute or regulation. Choice A refers to the "exclusive control" test of res ipsa loquitur, which is unrelated to negligence per se. Choices C and D refer to other types of torts and are not relevant to negligence per se.

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