Insurance · General

What is 'negligence per se'?

Correct answer

When violation of a statute (law) constitutes automatic negligence — the injured party does not need to separately prove the defendant failed to act as a reasonable person

  1. A Extreme negligence bordering on intentional
  2. B When violation of a statute (law) constitutes automatic negligence — the injured party does not need to separately prove the defendant failed to act as a reasonable person
  3. C A Latin term for comparative fault
  4. D Negligence in commercial settings only

Why this is the answer

Negligence per se applies when a defendant violated a statute designed to protect the public from the type of harm that occurred. In these cases, the violation itself establishes the negligence element — the plaintiff doesn't need to separately argue what a 'reasonable person' would have done. Example: a driver who ran a red light (violating a traffic statute) and hit a pedestrian is negligent per se — the statute violation establishes negligence. The plaintiff still needs to prove causation and damages.
Source: P&C Exam, Negligence Per Se

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