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 ?
The law recognizes two types of negligence: negligence and negligence per se.
My suggestion in this Article is that preemption analysis in the context of state tort claims would benefit both descriptively and normatively, by invoking the traditional tort doctrine of negligence per se but, in the preemption context, on behalf of defendants--inverse negligence per se.
Failure to comply with one or more of the above recommendations in the WHO Guide will not be negligence per se but may be evidence of negligence on the part of the hospital administrators or staff.
The plaintiffs alleged that the corporation was guilty of common law negligence and 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.
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.
8 Violation of Non-Traffic Penal Statute as Negligence Per Se 401.
8 Violation of Non-Traffi c Penal Statute as Negligence per se 401.
The court was persuaded by expert medical testimony that it is negligence per se to perform venipuncture in an area where nerves are present.
Since the enactment of the nursing home reform provisions of OBRA '87, for example, the question has been raised as to whether violation of its requirements can establish a presumption of negligence per se.