In legal terminology, how is "negligence per se" defined?

A theory that supports strict liability in tort cases

A doctrine that finds negligence based on the violation of a law

"Negligence per se" is defined as a legal doctrine that establishes negligence when a person violates a statute or regulation designed to protect public safety. In this context, if an individual fails to follow a law that was enacted to prevent a particular type of harm, this failure is automatically considered a breach of duty, thereby making the individual legally negligent without needing to prove the traditional elements of negligence.

For instance, if a statute requires a driver to stop at a red light and they fail to do so, resulting in an accident, the driver can be found negligent per se because they violated a specific law intended to ensure road safety. This kind of negligence relies on the assumption that the violation itself constitutes a failure in care, thereby streamlining plaintiffs’ cases when the violation of a law directly correlates to the harm caused. This principle is closely tied to the intention of laws to protect specific groups of people or the general public, reinforcing the notion that adherence to legal standards is a critical component of safe behavior in society.

Get further explanation with Examzify DeepDiveBeta

A concept that prevents liability in criminal acts

A guideline for ethical business practices

Want more questions?

All options are one-time payments.

$12.50

30 day premium pass

All the basics to get you started

  • Ad-free experience
  • View your previous attempt history
  • Mobile app access
  • In-depth explanations
  • 30 day premium pass access
$30.00 $87.50 usd

6 month DELUXE pass (most popular)

Everything with the 30 day premium pass FOR 6 MONTHS! & the ultimate digital PDF study guide (BONUS)

  • Everything included in the premium pass
  • $87.50 usd value for $30.00! You save $57.50!
  • + Access to the ultimate digital PDF study guide
  • + 6 months of premium pass access
  • + Priority support
$12.50 $18.99

Ultimate digital PDF study guide

For those that prefer a more traditional form of learning

  • Available for instant download
  • Available offline
  • Hundreds of practice multiple choice questions
  • Comprehensive content
  • Detailed explanations
Image Description
Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy