Negligence Per Se Flashcards
*Osborne
Sold poison not labeled as poison (required labeling by statute). RULE for statutory negligence: when statute imposes duty to protect others and someone neglects to perform duty, he is liable to those it was intended to protect for injuries it was designed to prevent and were caused by negligence.
Stimpson
Which people protected? Statutes with dual purposes can make it easier for plaintiff to fall in class of protected individuals. Heavy truck drove over street without necessary statutory permit. Weight broke pipes of plaintiff’s building. Statute intended to protect roads themselves, but could have also intended to protect other property nearby from injury.
Gorris
What injuries? Pens designed to protect sheep from being exposed to disease, not washed overboard, so no recovery for that. NOTE: Schwab thinks should leave the owner to pay for pens through market forces if worried about sheep washing overboard.
*Martin
Decedent driving buggy with lights off (against statute) and killed in accident. No light = negligence in itself. RULE for violation of statutory duty: “to omit, willfully or heedlessly, the safeguards prescribed by law for the benefit of another… is to fall short of the standard of diligence… under a duty to conform [to]” BUT such “negligence” doesn’t necessarily mean causal connection exists and this is for an “unexcused omission.” IF negligence & causal connection -> prima facie case of the contributory negligence. o HYPO: Rock flies up and hits light – could be excused
o HYPO: Decides not to turn on light bc moon is bright – not excused
Tedla
“Customary exception” to customary rule of the statute. Walking with or against traffic when traffic light in one direction.
HYPO: Tricky case of emergency use of vehicle (Martin) with broken light. Definite violation of statute unless implicit exception for emergencies. Could also be “excused”
*Uhr
Education law required school authorities to annually examine students for scoliosis and plaintiff wasn’t checked one year and ended up with scoliosis that had progressed to the point of needing surgery rather than mere brace. Court said that a private right of action wasn’t consistent with the education law bc intent to immunize from liability and enforcement of law through funding/defunding school. NOTE: example of modern reluctance to infer private rights of action from breach of statutory duties imposed by complex administrative schemes.
Ross
Left unlocked car in public place against statute, and therefore fault of defendant for leaving it there and letting it be stolen by person that hit plaintiff (defendant was negligent for plaintiff’s injury through proximate cause). Rationale: “Since appellee was responsible for the risk, it is fairer to hold him responsible for the harm than to deny a remedy to the innocent victim.” [Problem: o This led to new dram shop rule in Vesely v. Sager, where causal connection for provider of alcohol who gives alcohol to someone that injures someone else. So hated it was later overruled by voters.]
Michaels
Lack of license not negligence per se or even evidence of negligence unless violation of safety standards enforced by licensing requirement (bc reasons a license hasn’t been renewed may not relate to operator’s lack of skill). Here, an unlicensed pilot crashed and killed passengers on board.
