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 ?
In September 2015, Gender Justice filed a civil suit in Itasca County District Court, accusing Vannet of battery and negligence per se and seeking monetary damages.
The student sued Dawson in a state court in Oklahoma, seeking damages for invasion of privacy, intrusion on seclusion, negligence, and negligence per se.
amp;nbsp;McLaughlin's lawsuit accuses Subway of negligence, right of publicity, invasion of privacy/misappropriation of likeness, negligence per se and intentional infliction of emotional distress.
A tactic used by lawyers in some states is to offer the Statement of Deficiencies (CMS Form 2567) as evidence of negligence per se.
Claims that someone has a contagious disease traditionally have been considered negligence per se.
1976): "Strict liability means negligence as a matter of law or negligence per se, the effect of which is to remove the burden from the user of proving specific acts of negligence.
She believes that the American justice system is founded on broad-ranging disclosure, and the failure to issue a proper litigation hold notice to all key players is gross negligence per se.
143) While there certainly was an inference of the plaintiffs negligence per se, the court held that the comparative negligence statute was not applicable because the plaintiffs negligence was more than slight based on the undisputed facts of the case.
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.
Port Authority of New York and New Jersey, which found that the failure to issue a written litigation hold does not constitute gross 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 .