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negligence per se |
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negligence per se (purr say) n. negligence due to the violation of a public duty, such as high speed driving. (See: negligence, per se) How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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These arguments assert that OBRA '87 established contractual, not liability, standards; that imputing to its violation negligence per se would impose a burden on facilities of "perfect compliance"; that the regulations are subjective; and that facilities, in their day-to-day operations, often depend on outside contractors over whom they have limited control. Here, however, the court split 4-3 and concluded that in this instance the defendants cannot be held for negligence per se. To say it's negligence per se is almost strict liability. |
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