Violation of a Statute
In some circumstances, proof that an individual violated a statute or law is enough to prove that the individual is negligent. Under the doctrine of “negligence per se,” an individual is negligent if he or she violates a legislative statute, regulation, or ordinance and causes an injury or loss.
Example 1: Suppose an ordinance prohibits people from making U-turns at a particular intersection. If an individual makes an illegal U-turn and injures someone while making the turn, the person who made the illegal turn can automatically be held responsible for the injuries, regardless of whether he or she used reasonable care when making the U-turn. The fact that he or she violated the ordinace constitutes negligence per se.
The doctrine of negligence per se applies only if the accident is the type of accident the statute or ordinance was designed to prevent and the injured party is within the class of people that the statute or ordinance was meant to protect.
Example 2: A U-turn law is normally enacted to protect other drivers passing through the intersection. If a driver passing through the intersection is injured by someone making an illegal U-turn, the doctrine of negligence per se is applicable.
In certain situations an individual’s violation of a statute or ordinance is excusable. For the most part, these permissible excuses include physical circumstances beyond the individual’s control, sudden emergency situations not created by the individual, and/or situations in which compliance with the law would create a greater danger to those involved than would a violation of the law.