Lawyordle™ · Study archive

#19 · 2026-08-25 · Legal term

Negligence per se

Negligence per se can establish duty and breach from an unexcused statutory violation when the plaintiff and harm fall within the statute's protective purpose. Causation and damages remain separate requirements.

Rule to remember

Negligence per se treats an unexcused violation of an applicable safety statute as negligence as a matter of law when the protected class and type of harm requirements are met.

Key elements and checks

In the source’s words

“violates a statute or regulation without an excuse”

Cornell Wex — Negligence per se

Jurisdictions differ on whether a violation establishes negligence, creates a rebuttable presumption, or is merely evidence of negligence.

Sources