What if someone violates a law-is it still considered negligence?
In some circumstances, proof that an individual violated a statute or law is enough to prove that the individual is negligent. Under the doctrine of "negligence per se", an individual is negligent if he or she violates a legislative statute, regulation or ordinance and causes an injury or loss. For example, an ordinance may prohibit drivers from making a u-turn at a particular intersection. If an individual makes a u-turn at this intersection and injuries someone, the individual will be held responsible for the injuries, regardless of whether or not they exercised reasonable care in executing the u-turn.
The doctrine of negligence per se applies only if the accident is the type of accident the statute or ordinance was designed to prevent and the injured party is within the class of people that the statute or ordinance was meant to protect. In some circumstances, the individual’s violation of a statute or ordinance may be excusable. These permissible excuses may include physical circumstances beyond the individual’s control, sudden emergency situations not created by the individual, or circumstances where compliance with the law could pose a greater danger than observance of the law. |
