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What is 'negligence per se'?

Reviewed by Jordan Morley, Editorial Lead at 247SimpleTests. Written by the 247SimpleTests Editorial Team from the official source material cited on every question.

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 Negligence in commercial settings only
  3. C 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
  4. D A Latin term for comparative fault

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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About this topic: Casualty Insurance Basics

Casualty insurance basics cover the concept of legal liability, negligence and its elements, the types of damages, and how liability policies respond — including the duty to defend. This is one of 11 Casualty Insurance questions on casualty insurance basics, each with a full explanation on a single study page.

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