Per Se Negligence

Question 1

The fact that a defendant complied with statutes and regulations is evidence that may help the defendant establish that he acted with reasonable care. But compliance with statutes and regulations does not …………..

Answer 1

conclusively establish that there was no negligence. In other words, violating a statute may be negligence per se, but there is no rule saying that compliance with statutes is reasonable per se. The motion for summary judgment therefore should be denied, and the trier of fact at the trial should determine whether the defendant was negligent.