If a statute is found to be applicable to a fact situation, then the courts will hold that an unexcused violation of that statute which causes an injury to another is:
A) strict liability.
B) res ipsa loquitur.
C) negligence per se.
D) assumption of the risk.

Question

Quizplus · Accepted Answer

Negligence per se is a legal doctrine whereby an act is considered negligent because it violates a statute (law). When a statute that is designed to protect against a certain type of harm is violated and causes that type of harm to occur, courts often consider the violation as negligence per se. This means the act of violating the statute is automatically considered to be negligent, without the need to prove the duty of care and breach elements typically required in negligence cases.

If a Statute Is Found to Be Applicable to a Fact