Negligent as a matter of law. Now limited to violations of statutes and administrative codes relating to electrical fire safety, use of smoke alarms, or driving while under the influence of intoxicating liquors and/or drugs. In these instances a plaintiff does not have to prove that the defendant's actions or inaction fell below a reasonable standard of care -the mere violation of the statute is sufficient proof of negligence.
Conduct, either by act or omission, that may be declared and treated as negligence without argument or proof of negligence, usually because the conduct violates a statute. A finding of negligence per se satisfies the plaintiff's burden of proof that the defendant's conduct was negligent. However, the burden remains on the plaintiff to establish that his injuries were proximately caused by the statutory violation.
in violation of statutory law.
Negligence per se is the legal doctrine whereby certain acts are considered intrinsically negligent. This occurs when an actor's violation of a statute (or regulation) causes the kind of harm the statute was intending to prevent. In some jurisdictions, negligence per se creates merely a presumption of negligence.