negligence per se


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negligence per se

(in law) a finding of negligence rendered in judgment of a professional action or inaction in violation of a statute or so at odds with common sense that beyond any doubt no prudent person would have been guilty of it.
References in periodicals archive ?
337) The court later affirmed this in Friese when the court explicitly held "[t]his jurisdiction does not recognize degrees of negligence per se.
Second, I will take up the traditional doctrine of negligence per se and reframe preemption of state tort law claims as "inverse negligence per se.
Perhaps most significantly, the court found that failure to institute a litigation hold does not constitute gross negligence per se.
2011) ("The Court disagrees with Pension Committee's holding that a failure to issue a litigation hold constitutes gross negligence per se.
36) Courts that have extended liability to social hosts have done so based upon either traditional negligence principles or upon the theory of negligence per se.
The answer to this question requires a complete discussion of the negligence per se doctrine.
After a hearing, the trial court concluded that the suit sounded in medical malpractice, classifying the ordinary negligence claims as medical malpractice claims and dismissing the negligence per se and TAPA claims.
The principal basis for the action, and the only one that requires discussion, is her assertion that defendants were guilty of negligence per se because they violated the requirement of Multiple Dwelling Law [section] 37 (3) that 'every light in every fire-stair shall be kept burning continuously.
Lane Community College: Plaintiff alleges negligence, negligence per se.
8 Violation of Non-Traffi c Penal Statute as Negligence per se 401.
Negligence per se describes conduct that violates a law or ordinance designed to protect the safety of the public.