Negligence Per Se

Question 1

Negligence Per Se;

Answer 1

Rules for deciding whether a public law or a regulation should be considered in determining liability.

Statute must:

1) protect a class of persons
2) to protect the particular interest
3) protect that interest against the type of harm that resulted.
4) protect that interest against particular hazard.

Question 2

Chanbonpin’s Excused VIOLATIONS

Answer 2

A) violation is reasonable because of the actor’s incapacity. (incapable, due to youth or a physical incapacity)
B) She neither knows nor should now of the occasion for compliance (Justified Ignorance)
C) She is unable after rx diligence or care to comply (she tried to comply)
D) She is confronted by an emergency not due to her own misconduct. (Emergency that is not fault of D)
E) Compliance involves greater risk of harm to the actor or others. (compliance involves greater risk)

Question 3

CONDITIONS FOR THE APPLICATION OF NEGLIGENCE PER SE.

Answer 3

• must establish a violation of a conduct-orientated statutory command (necessary, but not sufficient)
• must also establish Plaintiff is in the protected class, or that she suffered the right kind of accident.

Question 4

NEGLIGENCE PER SE

General Concept

Answer 4

Violation of a Regulation or a public law —> Duty (statutory standard of Care) and Breach (violation of SOC) = Negligence Per Se.

Question 5

DALAL V. CITY OF NEW YORK (Car accident where Plaintiff was not wearing Glasses)

Answer 5

Rule:
Negligence Per Se = an unexcused violation of a statutory standard of care.
Analysis:
Alicia violated the statutory standard of care, so she was negligent per se.