What is an Example of Negligence Per Se in a Business Context?

📚 Quick Study Guide

• 📜 Negligence per se occurs when a law (statute, ordinance, or regulation) sets a standard of care, and a violation of that law directly causes injury to another person.
• ⚖️ To establish negligence per se, you generally need to prove: a) the defendant violated a statute, b) the statute was designed to protect against the type of harm that occurred, c) the plaintiff is in the class of persons the statute was designed to protect, and d) the violation proximately caused the injury.
• 🏢 In a business context, this often involves violations of safety regulations, health codes, or other laws designed to protect employees, customers, or the public.
• 🚧 Unlike ordinary negligence, negligence per se does not require proving the 'reasonable person' standard of care; the violation of the law itself establishes the breach of duty.

Practice Quiz

1. Which of the following is the MOST important element to prove negligence per se?
   1. The defendant intended to cause harm.
   2. The defendant violated a statute designed to prevent the type of harm that occurred.
   3. The plaintiff and defendant had a prior business relationship.
   4. The defendant was aware of the plaintiff's existence.
2. A restaurant fails to comply with local health codes, resulting in a customer becoming ill. Which element of negligence per se is MOST directly involved here?
   1. Duty of care
   2. Breach of contract
   3. Violation of a statute
   4. Emotional distress
3. A construction company violates safety regulations at a building site. A passerby is injured. What MUST be proven to establish negligence per se?
   1. The construction company disliked the passerby.
   2. The construction company intended to cause harm.
   3. The violation of the safety regulation directly caused the injury.
   4. The construction company had prior complaints.
4. A store owner doesn't maintain the property according to city ordinances. A customer trips and falls. Which factor is MOST critical in determining negligence per se?
   1. The customer's shoe type
   2. The store owner's insurance policy
   3. Whether the ordinance was designed to prevent such injuries.
   4. The customer's age
5. A manufacturing plant exceeds legal pollution limits, and a nearby resident develops respiratory issues. What MUST be proven to link the plant's actions to the resident's illness under negligence per se?
   1. The plant intentionally polluted the air.
   2. The resident lived near the plant for a long time.
   3. The statute violated was designed to protect against the type of respiratory illness the resident developed.
   4. The resident had pre-existing health conditions.
6. An employer fails to provide legally required safety training, and an employee is injured on the job. What establishes the breach of duty in this case?
   1. The employer's general dislike of the employee.
   2. The employee's lack of experience.
   3. The violation of the law requiring safety training.
   4. The inherent risks of the job.
7. A trucking company violates federal regulations regarding truck maintenance, leading to an accident. What's the MOST important factor in determining negligence per se?
   1. The driver's driving record.
   2. The weather conditions at the time of the accident.
   3. That the maintenance regulation was intended to prevent accidents like the one that occurred.
   4. The color of the truck.