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)

References in periodicals archive ?
By contrast, negligence per se is established simply by violating a statute or regulation.
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.
In light of this statutory requirement will the negligence per se doctrine apply?
The court held that the Administratrix may pursue recovery under a negligence per se theory and the TAPA for her claims based upon ordinary negligence.
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.
Generally, negligence per se is negligence as a matter of law, meaning the plaintiff does not need to show more than the violation of law.
Plaintiff alleges breach of fiduciary duty, negligence, negligence per se, fraud and violation of ORS 59.
The lawsuit alleges that Prudential Securities and the AEGON defendants breached their fiduciary duties, violated the state deceptive acts and practices statute, and committed common law fraud, negligent misrepresentation, negligence per se, gross negligence and unjust enrichment, in the marketing and sale of deferred annuities to members of the public.
In a ruling that has shaken the city's residential owners, an appellate panel has decided an owner has an implied duty to look for lead paint, and if they violate the city's regulation that requires the removal of lead, it is negligence per se.
As one commentator has suggested: "It is unlikely that new clinical guidelines will establish a standard for determining negligence per se, but somehow will be incorporated into the current format of establishing liability through use of custom.
July 10, 2012), the court diverged from the Zubulake gold-standard, finding that failure to institute a litigation hold did not constitute negligence per se.