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 ?
The Court of Appeals did not agree, and found that respondent's claim was cognizable in negligence per se. Affirmed.
In her suit, Traci accused Oakey's of breach of contract, negligence, gross negligence, negligence per se and both intentional and negligent infliction of emotional distress.
Kmart filed suit against Herzog claiming negligence per se, negligence, and breach of contract.
Muehlhauser filed a lawsuit against FedEx, Medley Logistics, and the driver, Timothy Gray alleging negligence and negligence per se against all three defendants.
It also states a violation of the new requirements does not constitute negligence or contributory negligence per se and does not create a private right of action or serve as the basis of a cause of action.
Goldfarb in Monroe.<br />Woodyard, who agreed to represent the boy in a case that would lead Woodyard to his first jury trial, initially sued the neighbor's landlord under theories of ordinary negligence, common law strict liability and negligence per se.<br />To bolster the suit, he used Union County's animal ordinance, which he said requires pet owners to keep dangerous animals in secure enclosures.
<br />Woodyard, who agreed to represent the boy in a case that would lead Woodyard to his first jury trial, initially sued the neighbor's landlord under theories of ordinary negligence, common law strict liability and negligence per se. <br />To bolster the suit, he used Union County's animal ordinance, which he said requires pet owners to keep dangerous animals in secure enclosures.
They then brought causes of actions against several parties, including the appraiser, under claims for negligence per se, negligent misrepresentation, and other theories.
The plaintiffs contended the waiver does not apply to claims of negligence per se (the result of violating a statute).<br />But McCarthy determined that the waiver was valid and noted that the Witkowskis never alleged negligence per se in the original complaint or the amended complaint.<br />According to court documents, Scott Witkowski got a call from Chris Bohnenkamp, the owner of Niagara Jet Adventures, the day after the accident.
We reject Armslist's argument because the Act provides immunity to website operators, such as Armslist, only when the allegations treat the website as the publisher or speaker of third-party content, and the Act does not protect a website operator from liability that arises from its own conduct in facilitating user activity, as is the case here.<br />There is a separate issue, which does not involve immunity under the Act, namely, the court's dismissal of a claim of negligence per se. On this issue, we agree with Daniel that, as Armslist effectively concedes, the circuit court erred in dismissing this claim.
The student sued Dawson in a state court in Oklahoma, seeking damages for invasion of privacy, intrusion on seclusion, negligence, and negligence per se.
The company reportedly learned of the allegations in 2004 when its&nbsp;vice president was&nbsp;notified that Fogle spoke with a young girl about participating in sexual activities while at a promotional event for the sandwich chain in Las Vegas.&nbsp;McLaughlin's lawsuit&nbsp;accuses Subway of&nbsp;negligence, right of publicity, invasion of privacy/misappropriation of likeness, negligence per se and intentional infliction of emotional distress.