#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
- An applicable statute or regulation imposing a safety duty.
- A plaintiff within the protected class and an injury of the protected type.
- An unexcused violation, plus actual causation, proximate causation, and damages.
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.